2012299 (Refugee)

The applicant, a Kenyan citizen, sought a protection visa, claiming he feared persecution in Kenya due to his homosexuality. He alleged he had been disowned by his family and community, subjected to threats, discrimination, harassment, and physical violence, including an incident in 2013 where he and his partner were beaten and he was subsequently detained. The case was heard by Katherine Harvey.

The court was required to determine whether the applicant had a well-founded fear of persecution for a refugee nexus reason, or if he was owed complementary protection. Additionally, the court considered whether the applicant was a member of the same family unit as a non-citizen who was a refugee or owed complementary protection.

The court found that the applicant's evidence was vague and inconsistent, lacking corroboration. While acknowledging the applicant's claims of discrimination and fear, the court noted that the applicant's account of the 2013 incident, including the circumstances of his detention and release, contained inconsistencies. The court also considered the applicant's claims regarding his inability to reside in other East African countries. Ultimately, the court concluded that the applicant did not satisfy the criteria for a protection visa, specifically finding no basis to conclude he was a member of the same family unit as a person who met the refugee or complementary protection criteria.