2023 RLLR 96

2023 RLLR 96

Tribunal accepted claimant's credible testimony and corroborating documentation that she is a transgender male, found nexus between feared harm and membership in the particular social group of transgender individuals, found objective country evidence establishing real risk and that the state in Iran functions as an agent of persecution so no state protection or internal flight alternative exists, and therefore concluded claimant is a Convention refugee.

Citation
2023 RLLR 96
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 February 2023
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision (oral)
Outcome
Claim accepted; claimant found to be a Convention refugee based on membership in a particular social group (transgender individuals)
Legal Topics
Gender Identity, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Objective Risk
Source Language
English
Immigration Refugee Law Human Rights Gender Identity Particular Social Group State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision (oral)

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on membership in a particular social group (transgender individuals)
  2. 2 Whether claimant's testimony and documents are credible
  3. 3 Whether there is nexus between feared harm and a Convention ground

Ratio Decidendi

Tribunal accepted claimant's credible testimony and corroborating documentation that she is a transgender male, found nexus between feared harm and membership in the particular social group of transgender individuals, found objective country evidence establishing real risk and that the state in Iran functions as an agent of persecution so no state protection or internal flight alternative exists, and therefore concluded claimant is a Convention refugee.

Court Disposition

Claim accepted; claimant found to be a Convention refugee based on membership in a particular social group (transgender individuals)

Orders

  • Claimant's refugee protection claim accepted and Convention refugee status recognized
  • Non-edited transcript of the oral decision to be mailed to claimant and counsel in approximately three weeks