2021 RLLR 22

2021 RLLR 22

The claimant, a pansexual trans woman from India, was found credible and provided corroborating evidence; she established membership in a particular social group and a well‑founded fear of persecution; the presumption of state protection was rebutted by evidence of police bias and inadequate operational protection; no viable internal flight alternative existed in India; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Citation
2021 RLLR 22
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
29 October 2021
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim accepted; claimant found to be a Convention refugee under s.96 IRPA
Legal Topics
Gender Identity, Sexual Orientation, Convention Refugee Status, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Lgbtq+ Rights Gender Identity Sexual Orientation Convention Refugee Status State Protection +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a member of a particular social group (pansexual trans woman)
  3. 3 Credibility of claimant's testimony and corroborating evidence

Ratio Decidendi

The claimant, a pansexual trans woman from India, was found credible and provided corroborating evidence; she established membership in a particular social group and a well‑founded fear of persecution; the presumption of state protection was rebutted by evidence of police bias and inadequate operational protection; no viable internal flight alternative existed in India; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under s.96 IRPA

Orders

  • Claim accepted; claimant granted Convention refugee status under s.96 of the Immigration and Refugee Protection Act (decision dated October 29, 2021)