2020 RLLR 151

2020 RLLR 151

On the balance of probabilities the claimant established a subjective and objectively well-founded fear of persecution because she is a transgender woman; adequate state protection in Mexico is unavailable and no safe internal flight alternative exists, therefore she meets the definition of a Convention refugee under ss.96/97(1) of the IRPA.

Citation
2020 RLLR 151
Parties
Claimant: XXXX XXXX XXXX; Tribunal: Refugee Protection Division (Panel: Krystle Alarcon)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 February 2020
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision on Refugee Claim at Refugee Protection Division
Outcome
Claim accepted; claimant found to be a Convention refugee based on gender identity (transgender woman).
Legal Topics
Convention Refugee, Gender Identity and Expression, Persecution Based on Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Lgbtq+ Rights Convention Refugee Gender Identity and Expression Persecution Based on Membership of a Particular Social Group +3 more

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Parties

XXXX XXXX XXXX

Claimant

Refugee Protection Division (Panel: Krystle Alarcon)

Tribunal

Procedural Posture

Refugee Protection Claim (convention Refugee) / Decision on Refugee Claim at Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee based on gender identity (transgender woman)
  2. 2 Whether the claimant's testimony and documentary evidence are credible
  3. 3 Whether state protection in Mexico is available and effective

Ratio Decidendi

On the balance of probabilities the claimant established a subjective and objectively well-founded fear of persecution because she is a transgender woman; adequate state protection in Mexico is unavailable and no safe internal flight alternative exists, therefore she meets the definition of a Convention refugee under ss.96/97(1) of the IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee based on gender identity (transgender woman).

Orders

  • Claim accepted; claimant recognized as a Convention refugee and granted refugee protection.