2019 RLLR 160

2019 RLLR 160

The claimant was found credible and, as a transgender intersex woman, faces a serious possibility of persecution in Kenya due to criminalization, widespread discrimination and police abuse; state protection and safe internal relocation are unlikely, therefore she qualifies as a Convention refugee under s.96 of the IRPA.

Citation
2019 RLLR 160
Parties
Claimant: XXXX XXXX XXXX XXXX or XXXX (phonetic)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 August 2019
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision
Outcome
Claim allowed; claimant recognized as a Convention refugee under s.96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Persecution, State Protection, Particular Social Group, Gender Identity, Sexual Orientation, Intersex, Credibility Assessment, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights LGBTQ Rights Convention Refugee Persecution State Protection Particular Social Group +5 more

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Parties

XXXX XXXX XXXX XXXX or XXXX (phonetic)

Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Credibility of the claimant's testimony
  3. 3 Whether there is nexus between claimant's fear and a Convention ground (particular social group)

Ratio Decidendi

The claimant was found credible and, as a transgender intersex woman, faces a serious possibility of persecution in Kenya due to criminalization, widespread discrimination and police abuse; state protection and safe internal relocation are unlikely, therefore she qualifies as a Convention refugee under s.96 of the IRPA.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee under s.96 of the Immigration and Refugee Protection Act

Orders

  • Claimant recognized as a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act