Forced to flee his country or risk facing death for being gay

Bachir, Sudan*

Facts

Bachir, a sudanese gay young man, found himself forced to flee his country because of persecution due to his sexual orientation. After being surprised with his gay partner, their relation was made public and the couple had to face an armed mob chasing them. His partner died from being beaten up by the mob. The armed group of people also burned Bachir’s car, resulting in all his documents, including his university and high school degrees to be destroyed.

Being part of the LGBTI group in Sudan means being attacked on all sides. Legally, same-sex sexual activity and relations are criminalized, and if found guilty, punished with a long prison sentence. In some cases, the prison sentence might go up to life imprisonment or the death penalty. Furthermore, risks of societal stigmatization, violence and private justice targeting LGBTI people is tolerated – if not fueled – by the government and police forces. Fear of reprisals and harassment causes under-reporting of crimes committed towards LGBTI and due to this environment, access to healthcare for is also compromised.

After the incident, Bachir was rejected by his family and his last solution was to flee Sudan. He was facing a real risk of being killed by a mob meting out private justice, or facing a criminal trial, imprisonment and a possible death sentence. He did not have any form of support.

He fled Sudan through Libya, crossed the desert, boarded a small dinghy together with another 30 migrants and left the Libyan shores towards Europe. Quickly after departure, the boat ran out of fuel and was left drifting in the sea. After a number of hours with no fuel, water or food, the dinghy was finally rescued by an AFM rescue ship and was taken to Malta.

At arrival in Malta, Bachir was devastated as he had lost his partner, his family’s and friends’ support and his higher-education degrees. He had to leave everything behind: his home, his country, everything.

On arrival, Bachir applied for international protection in Malta. His application was rejected on the basis that the Refugee Commissioner was not convinced that he was gay.

Our Role

  • Our lawyers assisted Bachir with filing his appeal application in front of the Refugee Appeals Board.
  • The appeal’s procedure lasted approximately one year, in which our lawyers filed submissions and counter-submissions in response to the Refugee Commissioner’s responses.
  • In addition, our lawyers communicated with the UNCHR in relation to specific issues related to Bachir’s case.
  • Our lawyers attended the oral hearing with Bachir and defended his case in front of the Refugee Appeals Board.
  • In addition to assistance with the appeal’s procedure, we assisted him with other matters, such as access to education and social assistance.

Results

  • The Refugee Appeal’s Board overturned the Refugee Commissioner’s decision and granted Bachir refugee status.
  • Bachir has started out a new life in Malta and is studying at a higher-education institution and is motivated to find regular and stable employment.
  • Nonetheless, although feeling safe in Malta, he faces racial discrimination and still hides his homosexuality, fearing for more discrimination and harassment.

* Name and country been changed to protect his identity.


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