Kyambadde v Canada (Minister of Citizenship and Immigration), 2008 FC 1307, 337 FTR 93 (November 24, 2008).
- Category: Case Law
- Source: National Authorities
- Subject: Discretion,Asylum/Refugee,Discrimination,Documentation status,Gay,Homophobia,Homosexuality,Law/Legistation,Sexual Orientation,Violence
- Place: Uganda
- Year: 2008
- URL: 2008_Kyambadde-v-Canada-Minister-of-Citizenship-and-Immigration.pdf
Mr. Kyambadde is a 37 year-old Ugandan national who has been in Canada since August 5, 2006. He alleges a risk of persecution by the Ugandan authorities on account of his homosexuality. The applicant claims that he began to engage in same-sex activities in 1987 while attending secondary school. He was suspended from school in 1988 when he and his lover, Godfrey, were suspected of engaging in homosexual activities. Because of family pressure, the applicant entered into a heterosexual relationship in 1992. This relationship continued until 2002, during which time he became the father of three sons, and also adopted two other children. He testified that his only homosexual lover in Uganda was Godfrey and that they continued their relationship for nearly 20 years until he left for Canada. On May 14, 2006, the applicant and Godfrey were engaging in sexual relations on a beach when they were physically attacked by “local police and thugs". When the applicant regained consciousness, he was under police guard in the hospital. With the assistance of a friend, John, the applicant was able to escape from the hospital on the evening of May 15, 2006, and travel to Buvuma Island where he stayed and received medical attention until June 11, 2006, when he was taken to Nairobi, Kenya. In Kenya, he completed an application for a visitor's visa to come to Canada in order to attend an AIDS conference in Toronto in August of 2006. He arrived in Canada on August 5, 2006, and requested refugee protection on August 9, 2006. The Board determined that the applicant had not established an objective basis for his fear of persecution because of the lack of credibility in pivotal areas of his testimony. Specifically, the Board found the applicant's evidence not to be credible with respect to his alleged relationship with Godfrey. It was not persuaded that Mr. Kyambadde had engaged in a long-term sexual relationship with Godfrey in Uganda. Further, the Board found that his evidence with respect to his friend John providing him with assistance to escape Uganda not to be credible and found it more likely that John was an agent hired by the applicant for the specific purpose of coming to Canada. The Board also questioned the truth of his claims to have received medical treatment and generally it drew a negative inference with respect to the totality of the applicant's evidence. On this basis it denied the Application.