2023 RLLR 128
Citation: 2023 RLLR 128
Tribunal: Refugee Protection Division
Date of Decision: November 24, 2023
Panel: Roslyn Ahara
Counsel for the Claimant(s): Ugochukwu Udogu
Country: Cameroon
RPD Number: TC3-54485
Associated RPD Number(s): N/A
ATIP Number: A-2024-00768
ATIP Pages: 000054-000057
DECISION
[1] XXXXX (the claimant), who is a citizen of Cameroon, is seeking refugee protection, pursuant to sections 96 and 971) of the Immigration and Refugee Protection Act (IRPA).
ALLEGATIONS
[2] The claimant’s allegations are described in detail in his Basis of Claim Form (BOC)1, however they can be summarized as follows.
DETERMINATION
[3] The panel finds that the claimant is a Convention refugee pursuant to section 96 of the IRPA.
ANALYSIS
Identity
[4] The claimant’ s identity has been established as per the certified true copy of his passport.2
Credibility
[5] The panel found the claimant to be a credible witness. In addition, he provided corroborative evidence to support his allegations.3
[6] The panel has also applied the Chairperson’s Guideline 9: Proceedings before the IRB Involving Sexual Orientation and Gender Identity and Expression (SOGIESC) in assessing the case at hand that involves sexual orientation and the harm individuals may face due to their non-conformity with socially accepted SOGIESC norms.
[7] The claimant describes his sexual orientation as that of bi-sexual. He has been in two short term female relationships and three male relationships, one of which lasted four years.
[8] He described on two occasions being attacked due to his sexuality, and this ended the relationships.
[9] Originally, he had hoped to study in Canada, but when the claimant’s father discovered that he was bi-sexual, he withdrew his sponsorship. To this day, they have not spoken. He speaks only to his youngest sister, who has attempted to make his parents understand, but they do not want to listen.
[10] The panel concludes that the claimant has a subjective fear due to his sexuality.
Objective Basis
[11] Throughout Cameroon LGBTI (Lesbian, Gay, Bisexual, Transgender, and Intersex) individuals are victims of hatred. They are stigmatized through all levels of society which often leads to violence and ostracism. The law and practice of open prejudice and discrimination against LGBTI individuals creates an environment where people believe they have the right to abuse such persons with impunity. LGBTI persons are targeted for violence and homophobic crimes. The newspapers regularly publish sensational stories about homosexuals and the media is involved in fuelling the prejudice and hatred towards LGBTI people. Religious authorities throughout Cameroon further incite exclusion, hatred, and violence against LGBTI.4
[12] Cameroon criminalizes same sex activities. Section 347a of the Cameroonian penal code provides for imprisonment from six months to five years for sexual acts with someone of the same sex. Human Rights Watch reports that Cameroon prosecutes people for consensual same- sex conduct more aggressively than almost any other country in the world and most are based on little to no actual evidence.5
[13] The documentary evidence further indicates that no state protection would be forthcoming, given that the police are reported to participate in the abuse of suspected individuals. Further, LGBTI persons are denied justice simply on the grounds of their sexual orientation or gender identity. Therefore, the panel finds, that it would be objectively unreasonable for the claimant to seek the protection of the state in light of these circumstances.
CONCLUSION
[14] Given the foregoing documentary evidence, the panel finds that the claimant’ s fears are objectively well-founded. Accordingly, the panel finds that the claimant is a Convention refugee pursuant to section 96 of the IRPA.
——— REASONS CONCLUDED ———
1 Exhibit 2 of the record
2 Exhibit I of the record
3 Exhibit 4 of the record
4 Exhibit 3, National Documentation Package (NOP), dated April 28, 2023 item 6.1
5 Ibid