2022 RLLR 120
Citation: 2022 RLLR 120
Tribunal: Refugee Protection Division
Date of Decision: January 20, 2022
Panel: M. Rose
Counsel for the Claimant(s): Denis Onek Olwedo
Country: Uganda
RPD Number: TB9-06429
Associated RPD Number(s): N/A
ATIP Number: A-2023-01023
ATIP Pages: N/A
DECISION
[1] MEMBER: Okay. So, this is the decision for XXXX XXXX. The file number is TB9-06429. In — I’ve had the opportunity today to consider your testimony as well as the other evidence in this case. I have also taken into account the SOGIE guidelines, and I am at this point ready to render my decision orally. You are claiming to be a citizen of Uganda and claiming refugee protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act. And today, I do find that you are a Convention refugee for the following reasons.
[2] In terms of the allegations, those are fully set out in your Basis of Claim form as well as the amendment. But to briefly summarize the allegations, you allege a fear of persecution in Uganda as a result of your sexual orientation. You identify as a bisexual and your sexual orientation has become known. I will note that there were also allegations in your Basis of Claim for regarding your father and his political opinions. However, for the circumstances of this case I’ve just focused on the allegations related to your sexual orientation.
[3] Now, your personal identity as a citizen of Uganda has been established by the testimony and the documentary evidence. So, while I note that there was no original passport provided as you’ve indicated, that it was taken by the agent who brought you to Canada, you did provide a copy of the biodata page. There’s also a copy of your birth certificate as well as some education documents which do corroborate your identity and date of birth. And furthermore, I do note that the passport that I have a copy of was used to obtain temporary resident visa in order to come to Canada as well. So, as a result of all of the documentary as well as the testimony, I do accept on a balance of probabilities your identity and the country of reference as Uganda.
[4] Now, in terms of your testimony I have taken into account your particular circumstances and that does include your relatively young age, especially at the time that you came to Canada. In terms of your testimony about the one same tax relationship you had in Uganda, I did find that your testimony about that was very straightforward and was consistent with the Basis of Claim form as well as the other evidence you’ve provided. There were no inconsistencies or discrepancies that went to the core — the central aspect of your claim, that is your sexual orientation. And I did find that your testimony was genuine. You also spoke about some of the activities and things that you’ve been doing here in Canada, you have been involved with a number of LGBT support organizations. And you yourself have provided assistance and you volunteered at those organizations as well.
[5] So, in addition to your testimony, you have provided a number of documents in support. Those do include affidavits from your mother and your grandmother as well as the woman that you stayed with while you were in hiding. And with respect to the allegations regarding your sexual orientation, those were consistent with and they do corroborate your allegations. I will note as well there’s a letter from your sister’s friend who attended the same school as you in (inaudible) and she does corroborate the information in your Basis of Claim form that you left after the rumours about your relationship started. In addition to that, there are numerous letters of support from both individuals and organizations here in Canada that all the attest to your involvement with the LGBT community, which can corroborate the allegations regarding your sexual orientation. So, all this documentary evidence is consistent with and corroborate the testimony. And so I’m satisfied that the evidence is sufficient to establish on a balance of probabilities that you are bisexual and you have been involved in a same sex relationship. And have therefore established a subjective fear of returning to you Uganda.
[6] Now, I do find that there is a link between what you fear and one of the five Convention grounds. Specifically, particular social group. That is your sexual orientation as a bisexual. So, this claim has been assessed under s. 96. Looking at the treatment of those involved in same sex relationships, the documentary evidence in our National Documentation Package, which is Exhibit Three is very clear about that. So, those items — sorry, for example, in Item 2.1 of the NDP, the US Department of State Report, it does indicate that LGBTI persons face discrimination, legal restrictions, harassment, violence, arbitrary arrest and intimidation. Authorities incited, perpetrated and tolerated violence against LGBTI individuals and blocked some meetings organized by LGBTI persons and activists. Item 6.4 tells us that sexual acts with a member of the same sex are illegal under Uganda’s penal code, and those convicted face a possible sentence of life in prison.
[7] Well, members of the LGBTI community are rarely prosecuted under the penal code, the police do arrest members of the community in an attempt to elicit bribes and the police do not usually investigate cases of violence against numbers of the LGBTI community. Homophobic views our widespread in society especially because elements of the media, politicians and religious groups have inflamed anti-LGBTI sentiment. For example, President Museveni has called homosexuality a decadent culture being passed on by Western nations and described homosexuality as abnormal, deviant and disgusting behaviour. So, this causes societal harassment, intimidation, blackmail, threats, poor employment prospects and loss of accommodations for LGBTI individuals in Uganda. So, as a result, I do find the documentary evidence does support your allegations and you have established a well-founded fear of returning to Uganda based on your sexual orientation.
[8] Regarding the issue of state protection, as noted, the police are one of the biggest perpetrators of rights violations against LGBTI individuals. And there are no protections for LGBTI community. So, I do not find that state protection would be available or forthcoming you in your particular circumstances. And similarly as the laws and the attitudes are consistent through Uganda, there is nowhere else in Uganda that you could safely reside. So, there is no internal flight alternative for you. So, based on all of this evidence, I do find you to be a Convention refugee and your claim is therefore accepted.
——— REASONS CONCLUDED ———