2024 RLLR 16

Citation: 2024 RLLR 16
Tribunal: Refugee Protection Division
Date of Decision: February 22, 2024
Panel: Josée Bouchard
Counsel for the Claimant(s): Daniel Etoh
Country: Sierra Leone
RPD Number: TC3-08569
Associated RPD Number(s): N/A
ATIP Number: A-2024-01886
ATIP Pages: N/A

 

DECISION

 

[1] MEMBER:  This is the decision for the claimant XXXX XXXX.  The file number is TC3-08569.  The claimant is claiming to be a citizen of Sierra Leone and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.  

 

[2] In preparing my decision, 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, effective May 1st, 2017, and revised December 17, 2021. 

 

[3] I have considered the claimant’s testimony and the other evidence in the case and I’m ready to render my decision orally.  The specifics of the claim are set out in the claimant’s narrative of his Basis of Claim form which were filed at Exhibit 2 and 6. 

 

[4] The claimant alleges to be a citizen of Sierra Leone.  The claimant fears persecution at the hands of society

[5] at large and the authorities because of his membership in a particular social group, namely as a bisexual man.  The claimant alleges that there is no state protection for him or an Internal Flight Alternative.  I find that the claimant has established a serious possibility of persecution in Sierra Leone by virtue of his membership in a particular social group, namely as a bisexual man. 

 

[6] The claimant’s personal and national identity as a citizen of Sierra Leone has been established on a balance of probabilities by his testimony and the following supporting documents.  His birth certificate issued by the Government of Sierra Leone filed as Exhibit 5 and a copy of the biometrics page of the claimant’s passport issued by the Government of Sierra Leone, and that document is filed as Exhibit 1. 

 

[7] At the hearing, the claimant had his passport with him as his sister had recently mailed it to him.  The claimant showed me his passport and the biometrics page matched the biometrics page of the photo of the passport on file.  I’m satisfied that identity as a citizen of Sierra Leone is established. 

 

[8] I find that there is a link between what the claimant fears and the grounds under section 96 of the Immigration and Refugee Protection Act, namely membership in a particular social group.  Therefore, the claim is assessed under section 96 of the Immigration and Refugee Protection Act.

 

[9] The test under section 96 is whether there is a serious possibility of persecution should the claimant return to Sierra Leone, and I have found that he has met that test. 

 

[10] In terms of the claimant’s general credibility, I found him to be a credible witness and I therefore believe what he has alleged in his oral testimony and Basis of Claim form.  The claimant’s evidence was detailed and consistent both internally and with his documentation. Throughout the hearing, the claimant was articulate, responsive, and forthright. The claimant was able to elaborate on his narrative and gave explanations to the questions.  The claim was well supported, and I noted no material inconsistencies or omissions such that the presumption of truthfulness could be rebutted. 

 

[11] The claimant filed supporting documentation for his claim as outlined below.  The documents were entered as Exhibit 5. There is no reason to cast any doubt on the veracity of these documents and as such, I place great weight on these documents to support the claimant’s allegations and overall claim. 

 

[12] The claimant has established on a balance of probabilities the following.  The claimant identifies as a bisexual man.  While in Sierra Leone, he had two (2) significant same sex relationships. In January 2021, the claimant was caught while being intimate with his same sex partner.  The claimant was attacked, and he fled. The claimant’s family and community shunned him.  After the discovery, the claimant received medical attention and then fled the country for fear of being attacked again or detained.

 

[13] Since he has arrived in Canada, the claimant is involved with the gay community and is in a serious same sex relationship. The claimant filed declarations from his current same sex partner, his sister, his cousin, and a neighbour along with photos with his current same sex partner; those are all filed as Exhibit 5.  I find that the claimant’s subjective fear is established by his credible testimony, and I believe what he has alleged on a balance of probabilities.  The objective country reports are consistent with the claimant’s evidence about the treatment and violence suffered by members of the lesbian, gay, bisexual, trans, and intersex, or LGBTQI community in Sierra Leone. 

 

[14]                   The National Documentation Package for Sierra Leone dated the 31st of January 2024 at Exhibit 3, more specifically, the Department of State of the United States Report at item 2.1, notes that there was no information regarding any action by government authorities to investigate or punish public entities or private persons complicit in abuses against the LGBTQI community.  No hate crime law covers bias motivated violence against the LGBTQI community.  LGBTQI advocates reported violence and blackmail against LGBTQI persons. 

 

[15]                   The International lesbian Gay Bisexual Trans, and Intersex Association at Exhibit 3, item 6.1 notes that the LGBTQI community faces a very hostile sociopolitical climate in Sierra Leone.  This is not improved according to a documentary photographer who interviewed individuals living in Freetown, Sierra Leone’s capital, about their daily struggles for being LGBTQI.  Though the antique bugger law is not actively enforced, a 2014 shadow report highlighted that it contributes significantly to the stigma and discrimination of people on the basis of their sexual orientation and gender identity.  LGBTQI human rights defenders have often been targeted, targets of homophobic attacks.  As the claimant has established on a balance of probabilities a subjective fear and an objective basis for that fear, I find that he has established a well-founded fear of persecution. 

 

[16]                   I turn now to the issue of state protection.  When making a refugee claim, a claimant must establish on a balance of probabilities that adequate state protection is not available.  There is a presumption that state protection, is available and the onus is on the claimant to provide clear and convincing evidence to rebut such presumption. 

 

[17]                   Exhibit 3 at item 2.1 notes that police continue to discriminate against LGBTQI individuals.  Exhibit 3 at item 6.2 identifies examples of police brutality against the LGBTQI community. 

 

[18]                   Sometimes in or prior to 2014 as documented in a shadow report submitted to the U.N. Human Rights Council, a young boy was reported to police by his uncle for being gay. The boy was arrested and held in unhygienic conditions without food or water for 24 hours.  He was never charged or given a chance to provide a statement.  In May 2016, police shut down an LGBTQI event in Aberdeen and arrested 18 participants holding them in custody overnight.  On March 30th, 2017, police in waterloo arrested four (4) participants attending a workshop on HIV accusing them of promoting gay activities in the community. They were humiliated and denounced by police but ultimately released the following day.  In June 2017, authorities expelled two (2) girls from their school for kissing in public.   In 2019, two (2) men were reported to the police by their family members after being caught having sex in their house.  The couple was able to escape and managed to leave the country before they were arrested.

 

[19]                   Based on the objective country conditions, I find that state protection would not be reasonably forthcoming in the claimant’s case.  Accordingly, I found, I find that there is no state protection available to the claimant.  

 

[20]                   I’ve also considered whether a viable Internal Flight Alternative exists for the claimant. The evidence reviewed above confirms the oppressive treatment of members of the LGBTI community nationwide in Sierra Leone.  I find that there is a serious possibility of persecution for the claimant throughout Sierra Leone and therefore find that there is no viable Internal Flight Alternative. 

 

[21]                   In conclusion, based on the totality of the evidence, I find the claimant to be a Convention refugee because he has demonstrated a serious possibility of persecution in Siera Leone by virtue of his membership in a particular social group, namely as a bisexual man.  I accept his claim. 

 

 

——— REASONS CONCLUDED ———