2023 RLLR 98

2023 RLLR 98

The claimant was found credible and established identity and nexus to a Convention ground as a transgender woman; objective country documentation showed criminalization, stigma, impunity and widespread violence against LGBTI+ persons and state protection was found inadequate; no internal flight alternative existed; therefore the claimant faces a serious possibility of persecution and is a Convention refugee under section 96.

Citation
2023 RLLR 98
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 May 2023
Procedural Posture
Refugee Protection Claim / Decision (determination)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration and Refugee Law Human Rights Lgbtq+ Rights Convention Refugee Membership of a Particular Social Group State Protection Internal Flight Alternative Credibility Assessment

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (determination)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 as a member of a particular social group (transgender woman)
  2. 2 Credibility of claimant's testimony and documentary evidence
  3. 3 Whether adequate state protection is available in Zimbabwe

Ratio Decidendi

The claimant was found credible and established identity and nexus to a Convention ground as a transgender woman; objective country documentation showed criminalization, stigma, impunity and widespread violence against LGBTI+ persons and state protection was found inadequate; no internal flight alternative existed; therefore the claimant faces a serious possibility of persecution and is a Convention refugee under section 96.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claim accepted and claimant recognized as a Convention refugee