2022 RLLR 112

Citation: 2022 RLLR 112
Tribunal: Refugee Protection Division
Date of Decision: April 25, 2022
Panel: M. Robinson
Counsel for the Claimant(s): Kingsley I. Jesuorobo
Country: Cameroon
RPD Number: TB9-32762
Associated RPD Number(s): N/A
ATIP Number: A-2023-01023
ATIP Pages: N/A

 

DECISION

 

[1]       MEMBER: I have considered your testimony and the other evidence in this case, and I am ready to render my decision orally. These are the reasons for the decision in the claim of XXXX XXXX XXXX XXXX, who claims to be a citizen of Cameroon and is claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.

 

ALLEGATIONS

 

[2]       Your allegations are found in your Basis of Claim form and narrative in Exhibit 2 and in the oral testimony heard today. In summary, you allege persecution in Cameroon at the hands of the Cameroonian government and society for your sexual orientation, which you described as being bisexual.

 

DECISION

 

[3]       I find that you are a refugee pursuant to Section 96 of the Immigration and Refugee Protection Act, as there exists a serious possibility of persecution should you return to Cameroon on account of your membership in a particular social group, which is as a bisexual man.

 

Identity

 

[4]       I find that your identity as a national of Cameroon is established by the certified copy of your passport given in Exhibit 1.

 

Subjective Fear

 

[5]       I do note that you originally entered Canada in 2013 on a study permit and that your claim was initiated in 2019. You testified that you were on a valid student’s visa until 2017 but did not feel safe returning to Cameroon after this. You explained that you sought counsel and did make efforts to initiate an agency application after this. However, you did not complete this application.

 

[6]       You further explained in your testimony that you had experienced difficulty due to your background in opening up about your true self and did not learn about Canada’s protections for LGBTQIA+ community members until a few months before you initiated a major claim.

 

[7]       So, this explanation does seem reasonable in your particular alleged circumstances and therefore does not raise significant concerns with respect to your subjective fear or your overall credibility.

 

Credibility

 

[8]       I did find you to be a credible witness and therefore believe what you have alleged in support of your claim. You testified in a candid, forthright, and straightforward manner. And there were no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me.

 

[9]       You spoke naturally and spontaneously about your strict and religious upbringing in Cameroon. You explained that you felt you had to repress any attraction to the same-sex throughout your life because of this upbringing and wanting to distance yourself from any trouble that you saw other LGBTQIA+ persons experiencing in Cameroon. You also stated that you were concerned if you ever did open up to others in Cameroon that, it would have negative repercussions for your family. You also very credibly described what life is like in Cameroon, hiding from your sexual orientation and how there is no freedom to express yourself and your sexuality openly.

 

[10]     You also quite credibly described your experiences with the FrancoQueer Community and how it has taught you about being LGBTQIA+ in Canada and as well as assisting you in integrating into Canadian society.

 

[11]     You provided testimony about how your current same-sex relationship, which I found consistent and credible as well. I do note you were hesitant to provide any identifying details of your partner, but as you had explained, your partner was very concerned about privacy and did not wish to participate in this hearing. Regardless, you have provided some text message correspondence between you and this partner on both the Grindr app and in regular text messages. This does appear to show an ongoing relationship.

 

[12]     You also explained that although it is new to you, your partner identifies as female, and you are trying to learn to refer to your partner under their desired feminine pronouns now. You refer to your partner in both masculine and feminine pronouns at times during this hearing which is also consistent with what you have described. And the photograph is consistent with this as well, that is shown in the text message correspondence in Exhibit 6.

 

[13]     After further reviewing the personal disclosures in Exhibits 4 to 7, I have no reasons to doubt their authenticity. I do give weight, in particular, to the above-mentioned text and correspondence in establishing your sexual orientation and current relationship. I, therefore, find on a balance of probabilities that you do identify as bisexual and that you are in a non-heterosexual relationship.

 

[14]     I find your subjective fear has been established.

 

Objective Basis

 

[15]     Given that there are no serious credibility issues with respect to your allegations, coupled with the documentary evidence, I do find you have established a prospective risk and well-founded fear of persecution in Cameroon. This risk is corroborated by the National Documentation Package, the NDP in Exhibit 3, as well as country documents in Exhibit 4.

 

[16]     Item 2.1 of the NDP indicates that consensual same-sex acts between adults is illegal and punishable by imprisonment and up to five (5) years and a fine in Cameroon. The constitution provides for equal rights for all citizens but does not prohibit discrimination against LGBTI persons in housing, employment, nationality, and access to government services such as healthcare. Discrimination in these areas is reported to have occurred and also in the private sector.

 

[17]     Item 6.1 notes that during a reform of the penal code adopted in 2016, laws penalizing same-sex sexual activity were reformed. Additionally, criminalized is “The sexual propositioning of an adult of the same-sex by means of electronic communication.” This law effectively criminalizes any same-sex correspondence between consenting adults.

 

[18]     It is also noted in the same item that Cameroon does subject sexual minorities to arrest and prosecution, often merely on suspicion of stereotypes as evidence. Arrests are made arbitrarily and in violation of the criminal procedure code. And it is reported that Cameroon prosecutes people for consensual same-sex activity more aggressively than almost any other country in the world. And is the highest jailer of the LGBTQ+ community in Africa.

 

[19]     Item 2.1 reports that the security forces harassed persons based on their real or perceived sexual orientation or gender identity. And there are reports in instances where these persons are arrested, often family members will not support them or provide bail or fines for their release. The courts have also accepted guilty pleads under these conditions and allegations of confessions given under threat and torture while in custody.

 

[20]     The same item notes that a high percentage of legal proceedings for same-sex relations have been marked by serious violations of human rights, including acts of torture, extorted confessions, denial of access to legal assistance as well as discriminatory treatment from law enforcement officers and judicial authorities.

 

[21]     Item 6.10 also confirms that this kind of activity is consistent and ongoing and that security forces have arbitrarily arrested, beaten, or threatened dozens of people for alleged consensual same-sex activity or gender nonconformity, since February 2021. It is reported by Human Rights Watch that this is part of an overall increase in police action against LGBTQIA+ persons in Cameroon.

 

[22]     The country documents in Exhibit 4 also corroborate the above and confirm this targeting as well as the police abuse and violence faced by LGBTQIA+ persons in society.

 

[23]     I, therefore, find your subjective fear has an objective basis.

 

Nature of the Harm

 

[24]     I have examined your claim under Section 96 of IRPA as I conclude the risk you describe constitutes persecution based on at least one (1) of the Grounds in Section 96. In this case, it is specifically your membership in a particular social group as a bisexual man. I find you are at risk of discrimination, harassment, arrest and detention, possible torture while in custody, as well as violence and possible death.

 

State Protection

 

[25]     I find it would be objectively unreasonable for you to seek the protection of the state in light of your circumstances. Clearly noted in the NDP objective evidence that Cameroon actively prosecutes LGBTQIA+ persons for their same-sex activities and do so without due process. And so, the primary agent of persecution is the state itself.

 

Internal Flight Alternative

 

[26]     I have also examined whether a viable internal flight alternative exists for you. Based on the evidence on file, I find that you face a serious possibility of persecution throughout the entirety of Cameroon. The laws condemning same-sex activities are consistent throughout the country, and the evidence also indicates that the anti-LGBTQ+ community and atmosphere is prevalent throughout the country.

 

[27]     I, therefore, find there is no internal flight alternative available to you.

 

CONCLUSION

 

[28]     In light of the preceding, I conclude that you are a refugee pursuant to Section 96 of the Immigration and Refugee Protection Act. And accordingly, I accept your claim today.

 

——— REASONS CONCLUDED ———