2021 RLLR 27

2021 RLLR 27

The panel accepted the claimant's evidence that she is a transgender woman and lesbian, found no serious credibility issues, and concluded that objective country documentation shows criminalization of same-sex activity, widespread societal discrimination, and ineffective police protection; consequently the state protection presumption is rebutted and no viable internal flight alternative exists, meaning there is a serious possibility of persecution for membership in a particular social group and the claimant meets the Convention refugee definition under section 96 IRPA.

Citation
2021 RLLR 27
Parties
Claimant: XXXX XXXX XXXX (aka XXXX XXXX XXXX)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 June 2021
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on the Merits Rendered Without a Hearing (streamed Less Complex Claim)
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility and Identity
Source Language
English
Immigration Refugee Law Human Rights LGBTQ Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX (aka XXXX XXXX XXXX)

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on the Merits Rendered Without a Hearing (streamed Less Complex Claim)

Legal Issues

  1. 1 Whether claimant faces persecution on return to Barbados because of transgender identity and sexual orientation
  2. 2 Whether the claimant is a member of a particular social group
  3. 3 Whether the claimant is credible and her identity established

Ratio Decidendi

The panel accepted the claimant's evidence that she is a transgender woman and lesbian, found no serious credibility issues, and concluded that objective country documentation shows criminalization of same-sex activity, widespread societal discrimination, and ineffective police protection; consequently the state protection presumption is rebutted and no viable internal flight alternative exists, meaning there is a serious possibility of persecution for membership in a particular social group and the claimant meets the Convention refugee definition under section 96 IRPA.

Court Disposition

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

Orders

  • Claim accepted; claimant granted refugee protection pursuant to section 96 of the IRPA