2019 RLLR 157

2019 RLLR 157

The claimant is a Convention refugee under s.96 IRPA because she is a credible member of the particular social group 'transgender women', has demonstrated on the balance of probabilities an objective and forward‑looking risk of persecution in Mexico (including due to HIV status and activism), has rebutted the presumption of effective state protection with clear and convincing country evidence, and there is no safe and reasonable internal flight alternative; exclusion under Article 1F(b) does not apply to her past small‑quantity drug conviction.

Citation
2019 RLLR 157
Parties
Claimant: XXXX XXXX XXXX; Respondent: Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
3 December 2019
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim allowed; claimant declared a Convention refugee under Section 96 of IRPA.
Legal Topics
Convention Refugee, Particular Social Group, Gender Identity, HIV Status, Exclusion Under Article 1 F(b), State Protection, Internal Flight Alternative, Credibility, Country Conditions
Source Language
English
Immigration and Refugee Law Human Rights Law Criminal Law Administrative Law Convention Refugee Particular Social Group Gender Identity HIV Status +5 more

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Parties

XXXX XXXX XXXX

Claimant

Canada

Respondent

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether exclusion under Article 1F(b) applies for a past drug offence
  3. 3 Whether claimant is a member of a particular social group (transgender persons)

Ratio Decidendi

The claimant is a Convention refugee under s.96 IRPA because she is a credible member of the particular social group 'transgender women', has demonstrated on the balance of probabilities an objective and forward‑looking risk of persecution in Mexico (including due to HIV status and activism), has rebutted the presumption of effective state protection with clear and convincing country evidence, and there is no safe and reasonable internal flight alternative; exclusion under Article 1F(b) does not apply to her past small‑quantity drug conviction.

Court Disposition

Claim allowed; claimant declared a Convention refugee under Section 96 of IRPA.

Orders

  • Claim accepted.
  • Claimant found to be a Convention refugee within the meaning of Section 96 IRPA.