2023 RLLR 150
Citation: 2023 RLLR 150
Tribunal: Refugee Protection Division
Date of Decision: November 23, 2023
Panel: J. Schmalzbauer
Counsel for the Claimant(s): N/A
Country: Cameroon
RPD Number: VC3-08921
Associated RPD Number(s): VC3-07642, VC3-07643, VC3-07644
ATIP Number: A-2024-00768
ATIP Pages: N/A
DECISION
INTRODUCTION
[1] This is the decision of the Refugee Protection Division (“RPD”) in the claim of XXXX XXXX XXXX (the “claimant”) as a citizen of Cameroon who is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act (the “Act”).[1]
[2] 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.
DETERMINATION
[3] The panel finds that the claimant is a Convention refugee, as he does have a well-founded fear of persecution due to his sexual orientation if he returned to Cameroon.
ALLEGATIONS
[4] The following is a brief synopsis of the allegations that the claimant put forth in the Basis of Claim (BOC) form and narrative.[2] The claimant is a twenty-seven male citizen of Cameroon, claiming protection in Canada due to his sexual orientation. The claimant has submitted he had been repeatedly targeted for violence, robbery, and extortion due to his sexual orientation in Cameroon. HE had left Buea for Doula, to alleviate the issues he was facing. However, it did nothing to resolve this issue and in XXXX 2023, he alleges, that this culminated in him being charged by police under criminal laws against the SOGIESC community.
[5] The claimant had applied for and received his Canadian visa in XXXX XXXX, 2023. And he arrived in Canada on XXXX XXXX, 2023. And subsequently made his claim for protection.
ANALYSIS
Identity/Country of Reference Cameroon
[6] The panel is satisfied on a balance of probabilities, in the claimant’s identity and his citizenship, considering the certified copy of his Cameroon passport.[3]
Well-Founded Fear of Persecution
[7] The claimant fears persecution due to his sexual orientation in returning to Cameroon. The duty of this panel is to find if there is sufficient credible or trustworthy evidence to determine that there is more than a mere possibility that this claimant would be persecuted if he were to return to Cameroon. The clamant has put forward that he will face discrimination, due to his sexual orientation, as he identifies himself as gay.
[8] Depending on factors such as race, ethnicity, religion, faith or belief system, age, disability, health status, social class and education, individuals with diverse sexual identities recognize and act on their sexual orientation differently. An individual’s self-awareness and self-acceptance of their sexual orientation may present as a gradual or non-linear process. There is no standard set of criteria that can be relied upon to establish an individual’s identification as an individual with diverse sexual identities. The panel questioned the claimant as to his personal history in India and in Canada, in relation to his identity as a gay man.
[9] The claimant was asked by the panel, after a number of background and general questions, to speak about his feelings, behaviours and decisions taken. He was asked to describe his past long-term relationship in a view to determine the genuineness and credibility of that relationship. His testimony was voluntary and spontaneous. He responded with reasonable details as to his partner and his personal circumstances.
[10] Throughout Cameroon LGBTI (Lesbian, Gay, Bisexual, Transgender, and Intersex) individuals are victims of virulent 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]
[11] 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]
[12] The LGBTI community is reported to face the majority of the ill-treatment and torture by the hands of the police. Individuals are frequently held without charge for more than 48 hours and detainees are reported to have been beaten, subjected to anal examinations by medical doctors without consent, and other cruel, inhuman, and degrading treatment or punishment.[6]
[13] Given the credible profile of the claimant, who is identified as a lesbian, and the objective country condition evidence of the treatment of individuals similar to the claimant, I find there is sufficient credible or trustworthy evidence to determine that there is more than a mere possibility that this claimant would be persecuted if she were to return to Cameroon.
State Protection
[14] According to the reported from human rights organizations, Cameroonian authorities failed to protect people who were subjected to attacks and abuse from non-state actors. Further, victims of such abuse are reluctant to seek protection from the police, 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.[7] 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.
Internal Flight Alternative
[15] The first prong of this assessment is to determine on a balance of probabilities if there is a serious possibility of persecution in the internal flight alternative (IFA) or no risk to life, cruel and unusual treatment or punishment or danger of torture in the IFA. Cameroon’s prosecution of LGBTI persons is under federal status and the Cameroonian authorities effectively control the national territory. Further, the societal discrimination and violence towards LGBTI individuals is pervasive throughout Cameroon. Therefore, on a balance of probabilities there is a serious possibility of persecution in any internal flight alternative.
CONCLUSION
[16] For the foregoing reasons, the panel concludes that the claimant is a Convention refugee and therefore accepts his claim. As the claim is accepted pursuant to Section 96 of the Act, there is no requirement to assess the claim made under Section 97(1)(b).
——— REASONS CONCLUDED ———
[1] Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] Exhibit 2.
[3] Exhibit 1.
[4] National Documentation Package, Cameroon, 28 April 2023, tab 6.1: Situation of sexual and gender minorities, including legislation, treatment by authorities and society, state protection and support services (2017-August 2020). Immigration and Refugee Board of Canada. 7 August 2020. CMR200309.FE.
National Documentation Package, Cameroon, 28 April 2023, tab 6.3: Torture and Other Cruel, Inhuman and Degrading Treatment of Lesbian, Gay, Bisexual, and Transgender (LGBT) Individuals in Cameroon. Acodevo et al. October 2017.
[5] National Documentation Package, Cameroon, 28 April 2023, tab 6.1.
[6] National Documentation Package, Cameroon, 28 April 2023, tab 6.1.
[7] National Documentation Package, Cameroon, 28 April 2023, tab 6.1.