VB2-01423

VB2-01423

The claimant is a Convention refugee because he is a homosexual FTM transgender who faces a serious possibility of persecution in South Korea due to significant societal discrimination, legal barriers to changing gender that require invasive medical procedures, lack of effective state protection, and no reasonable internal flight alternative, thereby meeting section 96 of IRPA.

Citation
VB2-01423
Parties
Claimant: XXXX XXXX XXXX (Also Known As XXXX XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 July 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision (hearing July 3, 2013; Decision July 5, 2013)
Outcome
Claim allowed; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Gender Identity, Sexual Orientation, Persecution, State Protection, Internal Flight Alternative, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Gender Identity Sexual Orientation Persecution State Protection +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 1
Sign in to unlock

Parties

XXXX XXXX XXXX (Also Known As XXXX XXXX XXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision (hearing July 3, 2013; Decision July 5, 2013)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of IRPA
  2. 2 Whether claimant qualifies as a member of a particular social group (homosexual transgender FTM)
  3. 3 Whether there is a serious possibility of persecution on return to South Korea

Ratio Decidendi

The claimant is a Convention refugee because he is a homosexual FTM transgender who faces a serious possibility of persecution in South Korea due to significant societal discrimination, legal barriers to changing gender that require invasive medical procedures, lack of effective state protection, and no reasonable internal flight alternative, thereby meeting section 96 of IRPA.

Court Disposition

Claim allowed; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • XXXX XXXX XXXX (Also Known As XXXX XXXX XXXX) is recognized as a Convention refugee under section 96 IRPA.