2019 RLLR 161

2019 RLLR 161

The claimant was found credible and established membership in a particular social group (transwoman) and a religion-based risk (apostasy); credible and corroborated evidence and country documentation showed the state is unwilling or unable to protect transgender persons and apostates in Brunei and no reasonable internal flight alternative exists, therefore the claimant meets the definition of a Convention refugee under section 96 of IRPA.

Citation
2019 RLLR 161
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
24 September 2019
Procedural Posture
Refugee Protection Claim / Decision Rendered
Outcome
Claim allowed; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Membership in a Particular Social Group, Sexual Orientation and Gender Identity (sogi), Religion and Apostasy, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Membership in a Particular Social Group Sexual Orientation and Gender Identity (sogi) Religion and Apostasy State Protection +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision Rendered

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under IRPA
  2. 2 Whether claimant is a member of a particular social group based on gender identity
  3. 3 Whether claimant has a well-founded fear of persecution for religion (apostasy)

Ratio Decidendi

The claimant was found credible and established membership in a particular social group (transwoman) and a religion-based risk (apostasy); credible and corroborated evidence and country documentation showed the state is unwilling or unable to protect transgender persons and apostates in Brunei and no reasonable internal flight alternative exists, therefore the claimant meets the definition of a Convention refugee under section 96 of IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee.

Orders

  • Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.