2021 RLLR 12

2021 RLLR 12

The claimant is a Convention refugee because she credibly established her identity as a transgender woman, country of origin evidence demonstrates systemic persecution and impunity against transgender persons in Pakistan, state protection is objectively unreasonable, and there is no viable internal flight alternative, together establishing a well‑founded fear of persecution under section 96 of the Act.

Citation
2021 RLLR 12
Parties
Claimant: XXXX XXXXA.K.A XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
16 November 2021
Procedural Posture
Refugee Protection Claim / Decision of the Refugee Protection Division (first Instance)
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Particular Social Group, Gender Identity, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Particular Social Group Gender Identity State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXXA.K.A XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision of the Refugee Protection Division (first Instance)

Legal Issues

  1. 1 Whether the claimant has a well‑founded fear of persecution
  2. 2 Whether the claimant is a member of a particular social group (transgender person)
  3. 3 Whether state protection in Pakistan is available and reasonable

Ratio Decidendi

The claimant is a Convention refugee because she credibly established her identity as a transgender woman, country of origin evidence demonstrates systemic persecution and impunity against transgender persons in Pakistan, state protection is objectively unreasonable, and there is no viable internal flight alternative, together establishing a well‑founded fear of persecution under section 96 of the Act.

Court Disposition

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

Orders

  • Claim accepted pursuant to Section 96 of the Act; no assessment under Section 97(1)(b) required.