I was working as a project coordinator for a project back in my homeland (Democratic Republic of Congo in Africa) in an N.G.O , which aims to protect and promote the rights of the LGBTQ+ community which is victim of bad treatment and most of the time criminalized for outrage to public decency and face up to 3 years, most of the time some unfortunate members of the LGBTQ are kidnapped. Protecting this community was very difficult and several times we have been arrested and tortured by the police. I came in Canada in August 21, 2022 through the US border and claimed asylum last year in August. I had a very long admissibility interview on the phone for about 30minutes or more with the ministry representative. He told he wanted to hear my story although I submitted the basis of claim via the Portal online. during the same interview I honestly told him that I am not gay or transgender or anything related to LGBTQ+ , do you think the fact of telling him the truth that I am not gay but I was just promoting and protecting the right of the LGBTQ+ community was a good idea ?? Some people tell lie that they are gays but I couldn’t lie. An other question is do you think I have to submit so many evidences ?? Because the only proof I have ; the status of the N.G.O and the police invitations. There is no medical report to explain some torture in the jail since in my country we are used to the auto medication for some medical issues. Do you think it’s enough ? Honestly I can’t create anything like an evidence but I am scared they might tell me it’s not enough. My case was referred to the IRB office right after My interview with the minister’s representative and I have already received workpermit.
Help on an asylum case
- Thread starter hervet
- Start date
Nobody can estimate what will happen. Did you try to relocate to another part of the DRC? Not being LGBTQIA+ certainly makes your case more difficult but lying is also not a good idea. All you can do is provide the information that you have and hope for the best.
A great part of my country is plagued with army Troups and is in war. No way to relocate. The persecution in my country can reach those who try to protect or promote the LGBTQ+ community not only to those who are gay. I have proof related to the police persecution .
Impossible to say what will happen to your case. The fact that you aren’t LGBTQIA+ yourself means that your case will be considered differently than if you were LGBTQIA+. Nobody can say what will happen with your case but being LGBTQIA+ which you can’t change is viewed differently than choosing to become part of a group supporting people who are LGBTQIA+. Nobody can guess what the outcome of your case will be just from a forum post. Your lawyer will be the best person to ask about your case and your chance of approval and about precedent. All you can do is present your case and evidence as best as you can.
Okay thanks I’m positive and believe it will work. I’m waiting for an interview with IRB office.
I have received a positive notice of decision from IRB yesterday. I had a long hearing for about 3 hours with the minister’s representative on June 5. and I did not have the chance to get a lawyer.
If Medicals and biometrics done for a TRV are still valid will the be a request for them to be done again for an asylum.
Being told the truth is a very good thing. It's the thing to do.
It should have been explained during the interview that in your country, the fact of defending LGBT groups means that the population can assimilate you to them, that it is cultural (it is often this mentality in third-modern countries )... It doesn't matter if you are one of them or not.
It is cultural, and it is often so in countries where there is generalized homophobia: of the state and of the population.
According to the case law, you may be entitled to protection. Same thing for political reasons: Even people who are associated with a group persecuted by a persecuting agent (state or population) fall within the scope of the definition, according to the convention, and existing case law.
The convention does not explicitly mention LGBT groups, but the term ''membership in a particular social group'' allows groups such as lgbt to be included in the definition. See here :
https://irb.gc.ca/en/legal-policy/legal-concepts/Pages/RefDefPoints.aspx
Chapter 4
Grounds of persecution
A claimant's fear of persecution must be by reason of one of the five grounds enumerated in the definition of Convention refugee - race, religion, nationality, membership in a particular social group and political opinion. There must be a link between the fear of persecution and one of the five grounds. [section 4.1.]
Canada (Attorney General) v. Ward,
[1993] 2 S.C.R. 689.
Even beyond this nuance, we can associate what you say with an activity of association, or even politics.
Everything will depend, in my opinion, on the possibility of internal refuge, whether or not you have asked for the protection of the authorities of your country, and also the solidity of the proof of the problems you would have had with the police of your country.
It should have been explained during the interview that in your country, the fact of defending LGBT groups means that the population can assimilate you to them, that it is cultural (it is often this mentality in third-modern countries )... It doesn't matter if you are one of them or not.
It is cultural, and it is often so in countries where there is generalized homophobia: of the state and of the population.
According to the case law, you may be entitled to protection. Same thing for political reasons: Even people who are associated with a group persecuted by a persecuting agent (state or population) fall within the scope of the definition, according to the convention, and existing case law.
The convention does not explicitly mention LGBT groups, but the term ''membership in a particular social group'' allows groups such as lgbt to be included in the definition. See here :
https://irb.gc.ca/en/legal-policy/legal-concepts/Pages/RefDefPoints.aspx
Chapter 4
Grounds of persecution
A claimant's fear of persecution must be by reason of one of the five grounds enumerated in the definition of Convention refugee - race, religion, nationality, membership in a particular social group and political opinion. There must be a link between the fear of persecution and one of the five grounds. [section 4.1.]
Canada (Attorney General) v. Ward,
[1993] 2 S.C.R. 689.
Even beyond this nuance, we can associate what you say with an activity of association, or even politics.
Everything will depend, in my opinion, on the possibility of internal refuge, whether or not you have asked for the protection of the authorities of your country, and also the solidity of the proof of the problems you would have had with the police of your country.