2022 RLLR 97

Citation: 2022 RLLR 97 
Tribunal: Refugee Protection Division 
Date of Decision: February 21, 2022 
Panel: J. Kim 
Counsel for the Claimant(s): Gerald Nsamba 
Country: Uganda 
RPD Number: TC0-05612 
Associated RPD Number(s): N/A 
ATIP Number: A-2023-01023 
ATIP Pages: N/A 

 
DECISION 
 
[1]      MEMBER: This is a decision for the claimant, XXXX XXXX, file number is TC0-05612. 

 
[2]       I have considered your testimony and the other evidence in the case, and I’m ready to render my decision orally.  You are claiming to be a citizen of Uganda and are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.    

 
[3]      For making this decision and in formulating questions for the hearing, I considered Chairperson’s Guideline 9, sorry Guideline 4 in regard to the proceeding before the Immigration Refugee Board involving Women Refugee Claimants.    

 
[4]      I find that you are a Convention refugee for the following reasons. You alleged the following:  That you are a citizen of Uganda and that if you were to return, you will face persecution because you are a member of a particular social group as the survivor of domestic violence at the hands of your husband who will be referred to here as XXXX as you requested.  You alleged that you suffered violence from him since you had gotten married and that you had tried to run away from him in 2017 but was tracked by him who came with his brother and threatened you with guns. You also alleged that your friend who was taking care of your child was also threatened shortly after you left the country. You alleged that XXXX worked for the military since he graduated from high school and that he was sent to different countries as a military personnel. You also allege that XXXXsiblings are also police officers themselves and that his family threatened you after you filed a report to the police in 2011. You allege that there is no state protection for you or an Internal Flight Alternative.  

 
[5]       I find on a balance of probability that your personal identity as a citizen of Uganda have been established by your oral testimony and the copy of your passport which can be found at Exhibit 1.  

 
[6]      I find that there is a link between what you fear and one of the five Convention grounds which is your membership in a particular social group as a woman fearing domestic violence.  Therefore, I assessed your claim under Section 96.  

 
[7]       In terms of your general credibility, I have found you to be a credible witness and I therefore believe what you have alleged in your oral testimony and in your Basis of Claim form.   

 
[8]      There was a credible concern that arose at the hearing when you stated that you filed a police report in 2018 which was omitted from your narrative.  You stated that because of your depression and being overwhelmed, you forgot to include this.  I do not find this explanation to be reasonable as you had an opportunity to correct your narrative before the hearing and had done so for another issue. Which was submitted on February 16, 2022. I draw negative credibility inference on this; however, I find that this does not impact your overall credibility on its own because of your otherwise credible testimony regrading other  matters to the claim.  

 
[9]       Your testimony was straightforward and was largely in keeping with your Basis of Claim form and there were no significant  inconsistency or omission that went to the heart of the claim. Your oral testimony today included details regarding the incidence of violence you suffered at the hands of XXXXand the claims and threats you received from him. You described your attempts to run away from him in 2017 which was failed as he found you at a place where you didn’t have any friends or family. You stated that you had to relocate your child to a foster place because your friend who had been taking care of him expressed fear that she will be harmed by XXXX. You also described your attempts at reporting him to the police and other organizations which was not successful. You testified that after reporting him to the police in 2011, his sister called you and warned you to keep family issues within the family. You also stated that you reported him to the XXXX XXXX XXXX which was unsuccessful as well. You further testified that you experienced an incident in 2018 which left you hospitalized.   

 
[10]      You also provided documents in support of your claim which can be found at Exhibit 5 and 7; these include affidavits from the friend who helped you leave the country and took care of your child and who experienced threats from XXXX. You also submitted affidavits from another friend of yours and your aunt who had witnessed the violence from him experienced by you. Your testimony and the supporting documentation all establish on a balance of probabilities that you are a survivor of domestic violence.  

 
[11]      The Country Condition documents in the National Documentation Package for Uganda which can be found at Exhibit 3 are consistent with your allegation that there is a serious possibility that you will face persecution in Uganda.  

 
[12]       Tab 2.1 of NDP states that, although the law criminalizes rape of women, it does not address spousal rape.  Rape also remains a common problem throughout the country and the government did not effectively enforce the law. Local media and local civil society organizations reported that victims often believe they were powerless to report their abuses in part to avoid stigmatization. It further stated that gender based violence was common and became increasingly prevalent after the government enforced lockdown because of the COVID-19 pandemic.  

 
[13]       Item 5.5 Country Gender Assessment by UNDP notes on page 5 that, the country suffers from a persistently high level of sexual and gender based violence.  It further notes, that attitudes, beliefs, and practices that serve to exclude women are still deeply entrenched throughout Uganda.  It further states that, domestic violence is wide-spread and widely accepted in the country. Having considered this objective evidence together with your consistent and credible testimony, I find on a balance of probabilities that you have a well-founded fear of persecution in Uganda.  I find that adequate state protection would not be available  to you if you were to seek it in the country.   

 
[14]       The report by US Department of State states that, government did not effectively enforce the law to address rape that became a common problem throughout the country. Authorities often were unable to investigate and hold perpetrators accountable in cases of rape often involving kidnapping and killings of women. Local media further reported that perpetrators of rape included persons in authority.  

 
[15]       You have also testified to your attempt to seek state protection which were unsuccessful.  Therefore I find on a balance of probabilities that you have rebutted the presumption of state protection because  adequate state protection will not be available  to you as the state will be unable and unwilling to protect you in Uganda.   

 
[16]      I considered whether there is a viable Internal Flight Alternative for you in Uganda. You have testified to your attempt at relocating which resulted in XXXXlocating you and making threats. You have also testified that he is part of the military and that his siblings are police officers who had used their positions to threaten you.  Based on the evidence, I find that you do not have a viable Internal Flight Alternative on a balance of probabilities.   

 
[17]       In conclusion, after assessing all of the evidence, I find that you have established that there is a serious possibility of persecution on a Convention ground because of your membership in a particular social group as a woman who is a domestic violence survivor. I therefore find that you are a Convention refugee and I accept your claim.   
 
 
——— REASONS CONCLUDED ———