2021 RLLR 26

2021 RLLR 26

The claimant's credible, consistent testimony corroborated by documentary evidence and country condition reports established on a balance of probabilities that he is a transgender man and that he has a well‑founded fear of persecution in Jamaica because of his gender identity; the state is unable or unwilling to protect him and there is no reasonable internal flight alternative, therefore he meets the s.96 IRPA definition of a Convention refugee.

Citation
2021 RLLR 26
Parties
Claimant: XXXX XXXX XXXX XXXX; Counsel for the Claimant: Pablo A Irribarra Valdes; Member, Refugee Protection Division: Gregory Israelstam
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
22 July 2021
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (s.96) / Hearing Concluded — Decision Rendered
Outcome
Claim accepted; claimant recognized as a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act
Legal Topics
Gender Identity, Membership of a Particular Social Group, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Identity Membership of a Particular Social Group Credibility Assessment State Protection Internal Flight Alternative

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Parties

XXXX XXXX XXXX XXXX

Claimant

Pablo A Irribarra Valdes

Counsel for the Claimant

Gregory Israelstam

Member, Refugee Protection Division

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (s.96) / Hearing Concluded — Decision Rendered

Legal Issues

  1. 1 Whether the claimant is a transgender man (credibility and identity)
  2. 2 Whether the claimant has a subjective fear of persecution on Convention grounds
  3. 3 Whether there is an objective basis for that fear (country conditions)

Ratio Decidendi

The claimant's credible, consistent testimony corroborated by documentary evidence and country condition reports established on a balance of probabilities that he is a transgender man and that he has a well‑founded fear of persecution in Jamaica because of his gender identity; the state is unable or unwilling to protect him and there is no reasonable internal flight alternative, therefore he meets the s.96 IRPA definition of a Convention refugee.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; claimant recognized as a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act