2021 RLLR 28

2021 RLLR 28

The claimant was found credible and, taken together with objective country evidence of systemic discrimination, criminalization and lack of effective state protection for transgender women across Barbados and the absence of a viable internal flight alternative, she qualifies as a refugee under s.96 of the Immigration and Refugee Protection Act.

Citation
2021 RLLR 28
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 June 2021
Procedural Posture
Refugee Protection Claim / Decision (oral Reasons)
Outcome
Claim accepted; claimant recognized as a refugee under s.96 of the Immigration and Refugee Protection Act
Legal Topics
Transgender Rights, Persecution, Particular Social Group, Credibility Assessment, Internal Flight Alternative, Sexual Orientation and Gender Identity
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Transgender Rights Persecution Particular Social Group Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (oral Reasons)

Legal Issues

  1. 1 Whether the claimant is a refugee under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant is a member of a particular social group (transgender women)
  3. 3 Whether the claimant's testimony is credible

Ratio Decidendi

The claimant was found credible and, taken together with objective country evidence of systemic discrimination, criminalization and lack of effective state protection for transgender women across Barbados and the absence of a viable internal flight alternative, she qualifies as a refugee under s.96 of the Immigration and Refugee Protection Act.

Court Disposition

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

Orders

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