2020 RLLR 76

2020 RLLR 76 Citation: 2020 RLLR 76 Tribunal: Refugee Protection Division Date of Decision: January 21, 2020 Panel: L. Bonhomme Counsel for the Claimant(s): Robin Edoh Country: Jamaica RPD Number: TB8-28318 Associated RPD Number(s): ATIP Number: A-2021-00800 ATIP Pages: 000105-000109 DECISION [1] MEMBER: Alright good morning we are back on the record after a break. I see that your witness is present would you like her to remain for the duration of the hearing? Okay. [2] I have considered your testimony and the other evidence in the case and I am ready to render my decision orally. This is the decision for [XXX]. You are claiming to be a citizen of Jamaica and you are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act. [3] Given the nature of this claim I have taken into consideration the chair person’s guideline for proceedings before the Immigration and Refugee Board involving sexual orientation and gender identity and expression. [4] You will receive an unedited transcript of this oral decision in the mail in approximately three weeks. Your counsel will also receive a copy and can answer any related questions you may have at that time. DETERMINATION: [5] Your claim is accepted. I find that you are a Convention refugee on the grounds of membership in a particular social group namely bisexual woman for the following reasons. ALLEGATIONS: [6] You allege that you are a citizen of Jamaica and that you are a bisexual woman who is believed to be a lesbian by your family and community in St. Catherine’s. You were pressured into entering into relationships with men in Jamaica including a marriage which did not last very long. [7] You have been mistreated by family members and subject to threats and abusive language by the community as well as attempts on your life due to your perceived sexual orientation. [8] You allege that if you return you will be harmed or killed. You allege that there is no state protection for you or an internal flight alternative. IDENTITY: [9] Your personal identity as a citizen of Jamaica has been established by your testimony and the supporting documents filed in the exhibits, particularly the certified true copy of your Jamaican passport and Canadian visa. I find that on a balance of probabilities you are who you say you are and that the country of reference is Jamaica. NEXUS: [10] I find that there is a link between what you fear and one of the five convention grounds namely membership in a particular social group, bisexual women and therefore I have only assessed the claim under Section 96. CREDIBILITY: [11] In terms of your general credibility I found you to be a credible witness and I therefore believe what you have alleged in your testimony and in your basis of claim form. [12] You answered all questions put to in a forthright manner, without hesitation or embellishment. When you did not know the answer to a question you said so. You displayed what appeared to be genuine emotion regarding difficult experiences in your life related to your sexual orientation. [13] For the most part your testimony was consistent with the allegations in your basis of claim form. I do find that there were some embellishment in your basis of claim form, for example when you described there to be many attempts on your life yet you were only able to describe two incidents in your testimony. [14] Although there were also some inconsistencies between the forms, your basis of claim form and your testimony, I accept your explanation that they were mistakes and likely owing to your emotional state. [15] You have provided the following documents to support your claim. Support letters from sister and mother confirming being aware of your sexual orientation and in the case of your mother of your mistreatment in Jamaica due to your perceived sexual orientation, a letter from the 519 centre in Toronto confirming your active involvement with the LGBTQ community in Toronto and the spousal sponsorship application made by your former same sex partner which was requested by the board and immediately forthcoming from you. [16] Your current same sex partner [XXX](ph) attended the hearing today and testified as a witness at the request of the panel. For the most part you were both consistent with relevant details of your relationship. Although there were some discrepancies adequate explanations were provided. [17] Based on of the above I believe on a balance of probabilities that you are a bisexual woman. believe that you have been in relationships with at least two women in Canada and that you were too fearful to act on your interest in women while in Jamaica. [18] I believe that you were subject to harassment and threats in your community in Jamaica as a result of your suspected sexual orientation. I believe that you are fearful to return to Jamaica because you may be harmed or killed due to your sexual orientation. [19] I therefore find that your subjective fear is established by your credible testimony, your witness’s credible testimony and by your corroborating documentation and I believe what you have alleged on a balance of probabilities. [20] I also find based on a review of the national documentation package that your fear is objectively well founded. [21] The documents including Item 6.1 through to 6.5 state that homosexual acts between males are criminalized in Jamaica, while the laws are not enforced and do not speak to acts between women the existence of these laws creates a climate that sanctions violence and discrimination against sexual minorities including lesbians. [22] Some types of Jamaican music propagate homophobia and politicians and church leaders have made negative statements towards sexual minorities. [23] Several sources including Articles submitted by your counsel report that sexual minorities are the target of violence including mob violence in Jamaica. Women believed to be lesbians are specifically targeted for corrective rape. [24] Sources also report that police often fail to take action regarding incidents of violence directed at sexual minorities. In some cases police are the perpetrators. Sexual minorities are often reluctant to report incidents for fear of their well being and for fear they may be extorted based on their sexual identity. I find that you have a well founded fear of persecution in Jamaica. STATE PROTECTION: [25] States are presumed to be capable of protecting their own citizens except in situations where the state is in a state of complete breakdown. I find the objective documentary evidence I have already referred to, to be clear and convincing evidence to rebut the presumption of state protection. [26] Not only do police often fail to take action regarding incidents of violence directed at sexual minorities but in some cases police are the perpetrators. INTERNAL FLIGHT ALTERNATIVE: [27] I have also considered whether a viable internal flight alternative exists for you. I find that there is no viable internal flight alternative available to you as the evidence indicates that there is a serious possibility of the persecution throughout the country. The climate of homophobia and violence exists throughout Jamaica. CONCLUSION: [28] Based on the totality of the evidence I find you to be a Convention refugee and I accept your claim. The hearing is now concluded. [29] CLAIMANT: Thank you very much ma’am. [30] MEMBER: Thank you for coming this morning and sharing your story, thank you ma’am for attending today and testifying as well. Counsel thank you for assistance. I am just returning the original documents to you right now. Thanks. ———- REASONS CONCLUDED ———-