2023 RLLR 75

2023 RLLR 75

On the balance of probabilities the claimant, as a trans woman, established nexus to a Convention ground, was credible, provided objective country evidence showing systemic discrimination and lack of effective state protection in Cuba, and had no viable internal flight alternative; therefore she faces a serious possibility of persecution and is a Convention refugee under section 96 IRPA.

Citation
2023 RLLR 75
Parties
Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
22 September 2023
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the IRPA.
Legal Topics
Convention Refugee, Membership of a Particular Social Group, Gender Identity, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Membership of a Particular Social Group Gender Identity State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee) / Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether there is nexus between feared harm and membership of a particular social group (trans woman)
  3. 3 Whether the claimant is credible

Ratio Decidendi

On the balance of probabilities the claimant, as a trans woman, established nexus to a Convention ground, was credible, provided objective country evidence showing systemic discrimination and lack of effective state protection in Cuba, and had no viable internal flight alternative; therefore she faces a serious possibility of persecution and is a Convention refugee under section 96 IRPA.

Court Disposition

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

Orders

  • Claim accepted; protection granted as a Convention refugee