2019 RLLR 141

2019 RLLR 141 Citation: 2019 RLLR 141 Tribunal: Refugee Protection Division Date of Decision: August 20, 2019 Panel: Y. Rozenszajn Counsel for the Claimant(s): El-Farouk Khaki Country: Egypt RPD Number: TB8-33214 ATIP Number: A-2021-00256 ATIP Pages: 0000128-000132 DECISION [1] MEMBER: So, I have considered the testimony and the other evidence in the case and I am ready to render my decision orally. [2] The oral reasons form the basis of the decision and they are recorded on a CD Rom; a transcript is also produced but the transcript does not get viewed for any spelling errors or mistakes, so if there is any doubt as to the meaning in the transcription regard must be had to the original CD Rom audio recording. [3] So, the claimant [XXX] claims to be a citizen of Egypt and is claiming refugee protection pursuant to Sections 96 and 97.1 of the Immigration and Refugee Protection Act. [4] I have considered the Guidelines on Guideline 9, sexual orientation and gender identity and expression guideline, SOBI Guideline in deciding the claim. [5] By way of determination I find that the claimant is a Convention Refugee for the following reasons. [6] I find he has established a serious possibility of persecution based upon the convention ground of particular social group, which is gay men in Egypt or homosexual men in Egypt. [7] The claimant’s allegations are found in Exhibit 2 which is his basis of claim form and he basically alleges that he is a gay man, that he has known since 11 that he was homosexual and he likes men and is not attracted to women. [8] It is a very long story and I am not going to summarize all of it, but suffice to say that he likes Europe, he likes Germany, he has been many, many times to Europe. He studied there and went back and there were many attempts at seeking jobs and other forms of permanent status in Europe over the years and he just was not able to and he always came back to live in Egypt where he basically either was a recluse or he was engaged in some form of online gay dating to the best of his abilities as he could and when those platforms came on the market and (inaudible) sufficiently. [9] He alleges that he had great hopes for Egypt during the revolution, but it did not materialize. He alleges that ultimately he was actually entrapped while using a (inaudible) application where he was basically arrested by a couple of undercover cops who then basically abused him, took him to the station and then eventually let him go. [10] At that point he felt he was unsafe in Egypt and he came to Canada where he claimed refugee protection. [11] So, in terms of the claimant’s identity as a national of Egypt, I find he has established his identity by reason of the supporting documentation and his testimony, mainly his Egyptian passport. I find he is a national of Egypt as he alleged. [12] In terms of credibility, I find the claimant to be ultimately a credible witness and therefore believe what he has alleged in support of his claim. His identity as a homosexual man is supported by numerous documents, including various profiles and text messages and exchanges with various other gay men, which is in the record such as in Exhibit 10 and 11. There are a number of support letters also that testify to that. [13] His testimony generally consists on that particular aspect of his credibility or his story, so there is no reason to question it. [14] The main issues in this case were … before we get into the re-availments I would also note that there were a couple of omissions from the basis of claim form, such as the names of the officers who arrested him, but I find that I accept his explanation that they were either fake names or he did not remember or they were not actually listed properly because they were just really quick messages that did not actually mention the name. I find all that is sufficient and I find that there is really no reason to expect that he would learn the names of the undercover officers if they actually were undercover. So, I find there is no reason to doubt his credibility on that basis having heard the explanation. [15] The main issue really is the numerous re-availments to Egypt and failures to claim over a very, very lengthy period of time, stretching all the way to the 1990s and just the continuing ability to enter and exit Egypt constantly and really no apparent fear to return and leave Egypt as a gay man. [16] So, I put that to the claimant and he explained that really it has got to do with his risk profile that changed materially recently, just before he left when he was arrested which really caused him to fear his safety. Beforehand he really wanted to live he says in Europe and he made many, many efforts to get jobs in Europe and that also is corroborated and appears credible on its face as we can see in the record, given the numerous letters of responses for various jobs and permits he tried to get. [17] But he felt that the risk was just too high, that he would be barred from Europe in the future. He could not continue to try to get a job or that it might even lead him into more trouble if he was deported as a failed refugee claimant. [18] Now, I find that I ultimately accept his explanations because there is a very evident desire to leave the country, but he wanted to do it in a more commercial skilled-worker fashion and that is a legitimate reason and I find also that there is a big difference between his risk profile in those past years and the risk profile that he has now, which is he now has a record with the police, a record of arrest and so his risk profile is a lot higher than it was before. [19] Ultimately, you know, it is ultimately his decision as to why he chose to live as a recluse in Egypt and put himself at risk like that where he could not be openly homosexual, it is really his own problem at this point, but I find that in terms of his credibility it is sufficient that his risk profile is just different now than it used to be and so again, there is no reason to doubt his credibility and I do not find that the re­ availments are sufficient to therefore dismiss the claim in and of itself. [20] Having found him credible I find there is also a nexus to the convention, it clearly goes to a particular social group. [21] In terms of state protection I find that state protection has been rebutted in this case because it will not be reasonably forthcoming given that the agent of persecution is the State, it is the police, the undercover authorities and that is well corroborated in the Item 2.1 of the NDP, the U.S. DOS report which states that in fact the government does go online and track homosexuals who on various (inaudible) applications and they prosecute LGBTI persons on charges such as debauchery and violating teachings of religion. There are prison sentences upon conviction of up to 10 years. [22] According to a local rights group there have been more than 250 reports of such arrests since 2013 and while there are anti-discrimination laws they are not used to protect the homosexual individuals at all in Egypt and that is all in addition to the societal discrimination, legal discrimination and social stigma that really inhibits homosexuals from organizing and trying to defend their rights in Egypt and it is you know all corroborated. [23] There are reports of arrests and harassments of homosexuals in this report, including intimidation and restrictions and basically self-censorship which all corroborates the claimant’s account of basically living as a recluse most of the time in Egypt. [24] So, I find that there is no state protection in this case given that the state is the agent of persecution and the objective basis for these fears that are on the record. [25] Turing to internal flight alternative, I find that the first prong is not met in this case. There is a serious possibility of persecution I find throughout Egypt. There is no evidence of any particular city such as for example Alexandria or Giza has any more tolerant attitudes towards homosexuals compared to Cairo and there is no evidence that the state is any more tolerant and persecutory against homosexuals in other parts of Egypt, (inaudible) to Cairo which actually the most metropolitan place in the entire country. [26] So, I find that internal flight alterative does not exist for the claimant. [27] Having considered all the evidence I find that the claimant has a well-founded fear of persecution against Egypt. [28] I find that he has established that he has an entitlement to be considered and determined to be a Convention Refugee. I therefore accept his claim for him to be a Convention Refugee based upon a particular social group as a homosexual gay man. [29] That is it; thank you very much. ———- REASONS CONCLUDED ———-