Citation: 2022 RLLR 69
Tribunal: Refugee Protection Division
Date of Decision: June 28, 2022
Panel: Kim Bugby
Counsel for the Claimant(s): M. Mary Akhbari
Country: Bahamas
RPD Number: TC2-00480
Associated RPD Number(s): N/A
ATIP Number: A-2022-01960
ATIP Pages: N/A
DECISION
[1] MEMBER: All right. So we are just back from a break, and I am going to read the decision for TC2-00480. I have considered your testimony and the other evidence in the case, and I am ready to render my decision orally. These are the reasons for the decision in the claim of XXXX XXXX XXXX, who claims to be a citizen of Bahamas and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act. In rendering my reasons, I have considered the Chairperson’s Guideline 9, proceedings before the IRB involving sexual orientation and gender identity and expression.
[2] Your allegations are fully set out in the Basis of Claim. In summary, you fear persecution at the hands of society due to your sexual orientation and your XXXX status. For the following reasons, I find that you are a refugee pursuant to section 96 of the Immigration and Refugee Protection Act. I find that your identity as a national of Bahamas is established by submission of your passport and other identity documents. I further find that your identity as a gay man is established by your credible testimony given here today. I find you to be a credible witness and therefore believe what you alleged in support of your claim. There were no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me.
[3] You testified in a straightforward, genuine and spontaneous manner about your sexual orientation and the issues that you faced throughout your life in the Bahamas. You also spoke of living your best life in Canada and the process of healing from past trauma. In particular, the following evidence establishes your allegations as set out above: multiple letters of support from family, friends and former partners substantiating your sexual orientation, your past relationships and the issues that you faced in Bahamas; a letter of support from your current partner; photographs of you in both in Bahamas and Canada with friends and former and current partner; your Grindr profile; medical documents substantiating your XXXX diagnosis; and documents substantiating your involvement with XXXX in Toronto.
[4] After reviewing the documents, I have no reason to doubt their authenticity. Given that there are no serious credibility issues with respect to your allegations, coupled with the documentary evidence set out below, I find that you have established a prospective risk of harassment and discrimination amounting to persecution and the risk of physical violence in Bahamas. The risk is corroborated by the following documents: 6.1 indicates that the Bahamas shares the same strong anti-gay attitudes as the rest of the British Caribbean, and that homophobia is permeated through cultural attitudes and expressed in religion, music, and other expressions. Sources indicate that sexual minorities face stigmatization, noting that the Prime Minister of the Bahamas conceded that significant stigma against homosexuality persists in the Bahamas.
[5] Consistent with your experience, the report notes that it is culturally acceptable to exert physical violence against those who betray gender norms, and LGBTQ people live in fear that if they are open about their sexual orientation, they will be subject to ostracism, exclusion, ridicule, and possibly violence. 2.1 indicates that LGBTI individuals face social stigma and discrimination, and did not believe that they were adequately protected by law enforcement authorities. At 6.1, several sources note that the constitution does not provide protection against discrimination based on sexual orientation.
[6] LGBT people in the Bahamas report experiencing discrimination in employment, education, and housing, and that there is no legal framework to protect LGBT people from that discrimination. LGBT persons are in many instances subjected to psychological, spiritual, and physical violence at the hands of their parents, guardians, teachers and peers. The documents further indicate that LGBT people in the Bahamas have been subject to violence including killings. There have been a number of killings of, and physical attacks against, LGBT people since 2009. Based upon the foregoing, I find that you have a well-founded fear of persecution in Bahamas.
[7] I have examined your claim under section 96 of the Immigration and Refugee Protection Act, as I conclude that the risk you describe constitutes persecution based on at least one (1) of the grounds prescribed in section 96 — specifically, your membership in a particular social group, namely gay men. I find that there is clear and convincing evidence before me that the state is unable — or unwilling, rather — to provide you with adequate protection.
[8] The objective evidence indicates that Bahamian authorities have not developed policies and programs to counteract homophobia, and while the Bahamas may appear progressive in comparison to some other Caribbean countries, in practice there are significant reports of unequal access to recourse to the law for sexual minorities. It is also reported that LGBT people experience difficulties if they turn to the police for protection, noting that the police smirk, ridicule, and insult LGBT people if they are open about their sexual orientation. 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 Bahamas. The Bahamas is geographically small, and the documents indicate that homophobic attitudes permeate the country. 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. And we are concluded.
——— REASONS CONCLUDED ———