2023 RLLR 103
Citation: 2023 RLLR 103
Tribunal: Refugee Protection Division
Date of Decision: September 28, 2023
Panel: Laurie Letheren
Counsel for the Claimant(s): N/A
Country: Russia
RPD Number: TC3-03236
Associated RPD Number(s): N/A
ATIP Number: A-2024-00593
ATIP Pages: N/A
DECISION
[1] MEMBER: So, this is the decision in the claim for refugee protection made by XXXX XXXX, TC3-03236. You claim to be a citizen of Russia and you are claiming refugee protection pursuant to section 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] Your allegations in support of your claim are set out in your Basis of Claim form, which is marked as Exhibit 2.
Summary
[3] You fear harm and persecution from Russian society, police, and state authorities due to your sexual orientation, your gender identity and expression, as you identify as a gay man. I find that you have established a serious possibility of persecution from Russian society, police, and state authorities if you were to return to Russia.
[4] Making my determination, I have considered and applied the Chairperson’s Guideline 9: Proceedings before the Immigration and Refugee Board involving Sexual Orientation, Gender Identity and Expression and Sex Characteristics.
[5] As I indicated earlier, I have found that on a balance of probabilities you establish both your personal identity and your identity as a Russian citizen based on your passport and other identity documents in the file, particularly your passport at Exhibit 1.
[6] Your allegations of fear of persecution and harm due to your sexual orientation and gender identity expression as a gay man, and this is a nexus to a Convention ground of membership in a particular social group, and for that reason I have assessed this under section 96 of the Immigration and Refugee Protection Act.
[7] You testified in a very earnest, responsive manner, you provided sufficient details to the questions, and your questions were — or your answers were spontaneous. I found that you were a very credible witness today.
[8] You also submitted a number of documents in support of your allegations, were — a letter of support from your parents, a longtime friend, a letter of support from the XXXX XXXX XXXX for members of the LGBTQ community. You also had screenshots of conversations that you identified to be conversations on Grindr, Tinder, WhatsApp chat, which you said were conversations between you and other members of the LGBTQI community who identified as men and that you had used — you use these types of apps to try to meet other people who identify as men. And these also had photos which you described as your attendance at a Pride event this past summer. They showed you and your mother attending many events, speaking to people who were handing out pamphlets and other information, products, and that this was the first time you had been able to attend such an event.
[9] So based on all of your credible testimony and your corroborating evidence, I find on a balance of probabilities your evidence demonstrates that you do identify as a gay man. I accept your evidence relating to your self awareness of your sexual orientation and your detailed evidence about your inability to share with others that you identified as a gay man, due to the homophobic attitudes in Russia and the risk of harm you would face as a gay man, if you were revealing this to other people. I accept your evidence of the fears you experienced which prevented you from attending clubs or other places where you could potentially meet other gay men in Russia, and how at one (1) point when you were meeting up with someone that you had connected through an app, that person tricked you and threatened you, as that person was there with a group of people and you ended up having to pay money to get them to stop threatening you. The fear lingered and you were unable to comfortably meet gay men while you were living in Russia, and this lasted until you left and came to Canada.
[10] I accept your evidence that since coming to Canada you have lived openly and that, as you explained, the biggest change for you is that you no longer have to live in fear, that you can be open about being a gay man and not face threats or the threat of risk to your physical harm. You also explain that some of your friends here in Canada are away — aware that you are a gay man, and they accept this. Your parents are also aware and support you.
[11] You explain that you have not yet had any long-term relationships as you have only been here in Canada for one (1) year, and you are still trying to be completely comfortable with living openly as a gay man. So, I find that your evidence demonstrates on a balance of probabilities to subjective fear if you were to return to Russia. Also, your fears are objectively well supported based on the objective evidence in the National Documentation Package for Russia.
[12] The objective evidence paints a picture of mounting intolerance, discrimination, oppression, and repression of the rights of the LGBTQIA community. Item 2.2 of the National Documentation Package for Russia indicates that in December 2022, legislation was adopted extending the prohibition of propaganda for non-traditional sexual relationships, gender assignment and that — and from that aimed at minors and all age groups. Provisions of this legislation, including blocking websites, banning the sale of material, content containing information prohibited under the law, states fine for the vaguely defined administrative offence of propaganda, demonstrations of non-traditional sexual relations with preferences and providing information to the LGBTQIA community.
[13] Item 6.2 of the NDP elaborates that the law prohibits positive and neutral information about LGBTQIA people to minors as well as adults. In an article dated January 1st, 2023, which you and your Counsel provided titled “The Russians’ Crackdown On Gay Propaganda”, indicates that since the law has passed, which expanded the scope of what is considered propaganda, increased the penalties, judges in Russia have ruled on five (5) times as many propaganda cases, as these cases displays anything — expand their use of the term propaganda to anything that displays LGBTQI relationships in movies, TV, books, music, news articles, internet pages, or even video games, which have all been blacklisted.
[14] Item 6.2 The NDP describes the intensified anti-LGBTQIA hate speech throughout the year of 2022 and in context to this new propaganda law. For instance, in March, the head of the Russian Orthodox Church in endorse the invasion of Ukraine and identified one (1) of the causes as the struggle of the people of the Donbas against the Pride Marches. An MP co-launched a homophobic reality TV show entitled “I Am Not Gay”, where contestants have to guess who among them is gay. And as well, the head of — there have (inaudible) of Russians who have called out members of the trans community in NATO and the head of the National Cross-Country Ski Association called trans people disgusting and stated that LGBTQI people should be banned from the Olympics.
[15] Item 6.2 reports the hate crimes against LGBTQI people have increased, including murder, physical violence, and extortion, and that the authorities have failed to classify them as anti-LGBTQI hate crimes, and this also indicates that several of LGBTQIA people came victims of fake dates in the year 2022.
[16] As well — members of the LGBTQIA community faced discrimination with respect to essential goods and services such as housing, employment, or access to government services such as health care.
[17] Item 3.1 indicate there is no law to prohibit discrimination against LGBTQI persons in housing, employment, or other services. Public officials portray LGBTQIA identities as contradictory to Russian and Orthodox values and described it as a Western phenomenon imposed by Europe as part of its agenda to weaken and alienate Russia. Hate speech against LGBTQI people is state led.
[18] So, I find there is an abundance of cogent evidence for your fear of persecution and discrimination in Russia because of your sexual orientation, your gender identity, and expression as a person who identifies as a gay man. So, therefore you have a well-founded fear of persecution.
[19] I have to consider whether there would be any protection — state protection from this persecution available to you, but considering the Kremlin’s targeting of the LGBTQIA community in its expanded propaganda law, and the new legislation against LGBTQI rights, and also considering homophobia that is rampant within the country and its efforts to position itself in traditional values in opposition to the West, I find that there would be no state protection available to you, should you face this persecution.
[20] As well, I have to consider whether there will be any place that is safe for you within Russia to live openly as a gay man. However, regarding the evidence that the homophobia, intolerance, hatred, and this law would apply throughout the country, I find that there is no safe and viable internal flight alternative that is available to you.
[21] So, based on all of this evidence, both fear evidence and the objective evidence, I have concluded that you would face a serious possibility of persecution. You are a Convention refugee, and I have accepted your claim.
——— REASONS CONCLUDED ———