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2019 RLLR 43

Citation: 2019 RLLR 43
Tribunal: Refugee Protection Division
Date of Decision: August 30, 2019
Panel: Darin Jacques
Country: Lebanon
RPD Number: MB7-22271
ATIP Number: A-2020-01274 
ATIP Pages: 000017-000021


[1]        The claimant, [XXX] (file number MB7-22271) is a citizen of Lebanon. He has claimed refugee protection under Sections 96 and 97(1) of the Immigration and Refugee Protection Act.

[2]        I find that you have established a well-founded fear of persecution and I conclude that you are a “Convention refugee” as per Section 96 of the Act.

[3]       In your allegations you provided me with detailed information about your discovery that you were different than other people and that you were attracted to men. You mentioned that you went to Dubai to work.  You eventually lost your job because your sexual orientation was discovered by a manager because you had to maintain employment to remain in the UAE. You had to return to your country of citizenship, Lebanon.

[4]       You mentioned you weren’t long in Lebanon before you were socializing with other gay men. The police what seems to be harassment techniques were staying outside of these areas and you mentioned this morning that how raids are performed, but in your case they seemed to have picked you up and targeted you. They took you to the police station.  They forced you to pay a bribe, but you indicated the implications could have been a lot more serious. They could have held you indefinitely. And there are also laws against that they could have used to charge you.

[5]       So you did pay to secure your release. You just stayed inside. You mentioned this morning that you even ordered food out and that you remained in your apartment. And you decided that you had to leave the country and you came to Canada and claimed refugee protection.

[6]       Now when I’m assessing a claim for refugee status, there are several things I need to take into consideration. Some of those things we discussed this morning directly and for other things I was just able to look at the information in your file.

[7]       Now the first is your identity. The Act, the law requires me to take into account whether claimants have acceptable documentation establishing their identity. In your case, that was easy. You had a passport from Lebanon which contained a visa to Canada. And these documents are sufficient to establish your identity for our purposes this morning.

[8]       The second issue is credibility. When you were testifying this morning, you benefitted from a presumption that your allegations were true. And in speaking with you this morning, I found no reason to doubt your credibility. During the hearing, I asked you numerous questions about your sexual orientation. As an example, you specifically explained the difficulties of living in Lebanese society as a gay man. You also spoke about the… with particularly poignancy about the emotional impact not being able to tell your family had on you.

[9]       Furthermore, you provided some specific evidence to corroborate your allegations. In particular, you provided photos participating in Pride events and you have provided letters and other communications from individuals who are aware of your sexual orientation. In my view, you have provided sufficient evidence to establish your allegations on a balance of probabilities and I conclude that you fear persecution because you are a gay man from Lebanon.

[10]     Now the law requires that a person have a well-founded fear of persecution that is based on a Convention ground. In your case, I find that you face a serious possibility of persecution because of your membership in a particular social group. Now I’ll explain.

[11]     According to the law in Canada, a particular social group includes persons belonging to sexual minorities. And as I just mentioned, you credibly established that you are a gay man from Lebanon. Furthermore, you demonstrated that you face a violation of your basic human rights and I return most specifically to the incident of arrest and your mistreatment by the police. I’ll also mention that is in a context where you are forced to live your sexual identity clandestinely in Lebanon which in itself has a negative cumulative effect on your ability, your well-being.

[12]     The documentary evidence establishes an objective basis for your fear of persecution beyond what you have told me. In Lebanon, sexual minorities are persecuted perhaps less than elsewhere in the Middle East. However, sexual minority groups remain ostracized by Lebanese society. There are sexual assaults, blackmail and threats are common.

[13]     And for all of these reasons, I find that you face severe mistreatments in Lebanon because of your sexual orientation. And pursuant to my findings on State protection, I conclude that your fear of persecution is well-founded.

[14]     Now I just mentioned State protection. The case law on refugee claims establishes a presumption that a State is capable of protecting its citizens. In your case, however, I find that adequate State protection is unavailable to you in Lebanon.

[15]     As you mentioned in your narrative and you mentioned it again this morning, article 534 of the Lebanese Penal Code prohibits sexual acts which are contrary to nature. And sources report that this provision has been interpreted as banning same-sex relations. Despite other interpretations by the Courts, these provisions are still used by law enforcement to discriminate against sexual minorities and you provided an example of your own experiences this morning and in your narrative.

[16]     The U.S. Department of State reports incidents of violence or discrimination against sexual minorities that are rarely reported. LGBT persons don’t speak to the police or seek legal protection because the authorities consider their relations to be illegal. Sexual minorities fear their exposure of their sexual orientation which represents an obstacle for seeking redress. So in effect, the available documentation indicates that Lebanese authorities are unwilling to provide adequate protection to sexual minorities. And given your particular circumstances, I find that there is clear and convincing evidence sufficient to refute the presumption of State protection.

[17]     Now the final thing I needed to consider was what we call an internal flight alternative, whether you could have moved elsewhere in Lebanon and live safely. This is because the Act requires claimants to demonstrate that they face persecution or risk throughout their countries of nationality. Now in your case, I find that an internal flight alternative does not exist for you in Lebanon.

[18]     According to the documentary evidence … I’m just hanging on to my voice here… in the City of Beirut, there is a growing acceptance of the gay community but it is not reflected in the rest of Lebanon. There are bars and there are clubs that specifically cater to the LGBT community which you mentioned. However, as you also mentioned, homosexuality remains strongly condemned. LGBT persons are verbally abused and sometimes attacked in the street. Conditions require members of sexual minority in Beirut to exercise considerable “discretion”.

[19]     In the present case, I find that you could not relocate within Lebanon and avoid a serious possibility of persecution. You could not live openly as a gay man, as is your right. In effect, I conclude that a viable IFA is not open to you in your country of nationality.

[20]     So in conclusion, I find that you face a serious possibility of persecution based on your membership in a particular social group.

[21]     I conclude that you are a “Convention refugee” as described under Section 96 of the Act. Your claim for refugee protection is therefore granted.

BY CLAIMANT

[22]     Thank you.