2023 RLLR 85

2023 RLLR 85

The claimant, a credible transgender woman, established a well-founded fear of persecution in Fiji as a member of a particular social group; objective country evidence and the claimant's testimony show pervasive discrimination, lack of effective state protection, and no internal flight alternative, so the claimant meets the definition of a Convention refugee under section 96 of the IRPA.

Citation
2023 RLLR 85
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 July 2023
Procedural Posture
Refugee Protection Claim / Convention Refugee Determination / Decision (refugee Protection Division)
Outcome
Claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Gender Identity, SOGIESC, State Protection, Internal Flight Alternative, Credibility, Corroboration
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Gender Identity SOGIESC State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Convention Refugee Determination / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant constitutes a member of a particular social group as a transgender woman
  3. 3 Whether state protection in Fiji would be reasonably available

Ratio Decidendi

The claimant, a credible transgender woman, established a well-founded fear of persecution in Fiji as a member of a particular social group; objective country evidence and the claimant's testimony show pervasive discrimination, lack of effective state protection, and no internal flight alternative, so the claimant meets the definition of a Convention refugee under section 96 of the IRPA.

Court Disposition

Claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.