2023 RLLR 83

2023 RLLR 83

Member found claimant credible, established membership in the particular social group of transgender persons, accepted objective country documentation showing pervasive social intolerance and lack of effective state protection, found the presumption of state protection rebutted and no viable internal flight alternative existed, and therefore concluded claimant faces a serious possibility of persecution and is a Convention refugee under section 96 IRPA.

Citation
2023 RLLR 83
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 November 2023
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (oral Reasons Delivered)
Outcome
Claim granted; claimant found to be a Convention refugee under section 96 of the IRPA
Legal Topics
Convention Refugee, Particular Social Group, Credibility, State Protection, Internal Flight Alternative, Transgender Rights
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Particular Social Group Credibility State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (oral Reasons Delivered)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a member of a particular social group (transgender persons)
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

Member found claimant credible, established membership in the particular social group of transgender persons, accepted objective country documentation showing pervasive social intolerance and lack of effective state protection, found the presumption of state protection rebutted and no viable internal flight alternative existed, and therefore concluded claimant faces a serious possibility of persecution and is a Convention refugee under section 96 IRPA.

Court Disposition

Claim granted; claimant found to be a Convention refugee under section 96 of the IRPA

Orders

  • Claimant's refugee claim accepted and declared a Convention refugee pursuant to section 96 IRPA