Citation: 2020 RLLR 169
Tribunal: Refugee Protection Division
Date of Decision: October 22, 2020
Panel: Gillian Frenette
Counsel for the Claimant(s): Marianne B Lithwick
Country: Jordan
RPD Number: TB9-19255
Associated RPD Number(s): N/A
ATIP Number: A-2022-00978
ATIP Pages: 000118-000123
DECISION
[1] MEMBER: Okay, so I’ve considered your Basis of Claim Form, your testimony and your disclosure and I’m ready to render my decision orally. These are the reasons in the claim for refugee protection made by XXXX XXXX also known as XXXX(ph) XXXX. This is for File TB9-19255. XXXX(ph) I will refer to you as the claimant when I provide these reasons.
[2] So the claimant made his claim for refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection act. I find that the claimant is a Convention refugee under Section 96 of this act.
[3] The claimant’s detailed allegations can be found in Exhibit 2, in his Basis of Claim Form. In summary the claimant alleges that he is a Palestinian and that his gender identity and expression exposes him to persecution in Jordan both from family members as well as Jordanian society. He also alleges that he is unable to live safely and openly as a transgendered man in Jordan.
[4] He was assigned female gender at birth and alleges intolerance, rejection, discrimination and harassment in Jordan on account of his gender identity.
[5] INTERPRETER: Sorry can you repeat this sentence?
[6] MEMBER: Sure, so he alleges intolerance, rejection, discrimination and harassment in Jordan on account of his gender identity, including from the father of his girlfriend XXXX XXXX(ph)
[7] INTERPRETER: Sorry I forgot her name?
[8] MEMBER: Oh, XXXX XXXX(ph) who physically assaulted the claimant and threatened him after discovering his relationship with his daughter.
[9] With respect to the claimant’s identity, I find that his oral testimony and documentary evidence establishes that he is a stateless Palestinian. I was provided with a certified true copy of his travel document issued by the Hashemite Kingdom of Jordan, the original of which was seized by C.B.S.A. I will also not that this travel document does not contain a national identification number and does not confer Jordanian citizenship.
[10] I was also provided with a copy of the claimant’ s birth certificate indicating that although he was born in Saudi Arabia, he is a Palestinian national. I therefore find on a balance of probabilities that the claimant has provided sufficient documentation to establish his personal identity as a stateless Palestinian.
[11] As a stateless Palestinian I must assess whether the claimant faces a serious possibility of persecution or a risk of harm in any country of former habitual residence and whether he is able to return to any other countries of former habitual residence.
[12] COUNSEL: (inaudible)
[13] MEMBER: Sure.
[14] COUNSEL: I just wanted to ask XXXX(ph) do you need an interpreter at this time to translate? If you do that’s fine I’m just asking if you understand the English.
[15] MEMBER: XXXX(ph) how about….
[16] CLAIMANT: I do understand but there are some words only.
[17] MEMBER: Okay so would you like the interpreter to continue to interpret these reasons? It’s fine if you do.
[18] CLAIMANT: I think I understand everything.
[19] MEMBER: Okay, so….
[20] COUNSEL: XXXX(ph) go outside it’s fine, we’ll put you on speaker you can call me.
[21] CLAIMANT: I will mute myself, okay?
[22] COUNSEL: Then you can’t hear anything? (inaudible)
[23] CLAIMANT: My stuff I can hear everything, now the sound is only like…
[24] COUNSEL: Sometimes?
[25] MEMBER: Okay, so are we proceeding with the interpreter?
[26] COUNSEL: I think if you speak slowly the claimant will understand.
[27] CLAIMANT: Yes, definitely slowly yes.
[28] MEMBER: Okay, I’ll speak slowly and madam interpreter if you just remain on standby in case we need you.
[29] INTERPRETER: Sure. Should I mute myself?
[30] MEMBER: Yes.
[31] INTERPRETER: Yes? Okay.
[32] MEMBER: Okay, so as a stateless Palestinian I must assess whether the claimant faces a serious possibility of persecution or a risk of harm in any of, in any country of former habitual residence and whether he is able to return to any other countries of former habitual residence.
[33] So the claimant moved to Jordan when he was approximately two years old and resided there continuously until he left for Canada in XXXX of 2019. As I said previously he holds a Jordanian travel document, a copy of which can be found in Exhibit 1 and he has a right of return to Jordan. For these reasons I find that Jordan is a country of former habitual residence for the claimant.
[34] With respect to the West Bank, the claimant testified that he travelled there approximately three or four times in total and stayed there for no more than a month each time and that he travelled there for the purpose of vacation or visiting family. I do not find that this establishes a significant period of de facto residence such that it would be considered a country of former habitual residence.
[35] Finally, with respect to Saudi Arabia, although the claimant was born there and lived there for approximately two years as a child, he only held temporary status there and does not have a right of return to Saudi Arabia.
[36] I find that the claimant has established a well founded fear of persecution in Jordan on the basis of his membership in a particular social group as a transgendered male and that he is unable to return to any other country of former habitual residence.
[37] With respect to credibility, the burden rests on the claimant to establish his allegations on a balance of probabilities. In this claim the determinative issue is whether the claimant has proven his identity as a transgendered man and in this respect I find that his testimony was credible.
[38] The claimant provided straight forward and consistent testimony regarding the treatment that he faced in Jordan. He described in detail incidents that lead him to flee Jordan, including physical abuse from his parents growing up when he would refuse to wear traditionally female clothing and abuse, in his Basis of Claim Form he notes abuse from his father whenever someone would refer to him as a man.
[39] He also testified credibly with respect to the harassment and intolerance that he faced from Jordanian society as well as his relationship with XXXX XXXX(ph) which when discovered by XXXX(ph) family members, resulted in a physical assault and threats by XXXX(ph) father. I found the claimant’s testimony to be sufficiently detailed and credible.
[40] The core aspects of the claimant’ s testimony are corroborated with personal documentation which can be found in Exhibit 7 through 9.
[41] The documentary evidence includes a letter of support from XXXX (ph) as well as numerous text messages between XXXX (ph) and the claimant and photographs of them together. It also includes photographs of XXXX (ph) injuries that were inflicted by her father, following the discovery of her and the claimant’s relationship in XXXX of 2018. As well as medical reports from the claimant’s family doctor in Toronto and in Jordan, detailing the claimant’s transition and the hormone treatment that he has taken to that effect since XXXX of 2019.
[42] I find these documents reliable and probative in establishing, in assisting to establish the claimant’s allegations. I therefore accept the allegations and find on a balance of probabilities that the claimant is a transgendered male and faces a serious possibility of persecution in Jordan on that basis.
[43] With respect to the objective basis for this claim, I have considered a number of different documents in the national documentation package, specifically Items 2.1, 6.1 and 7.3. I have also considered the country conditions disclosure that was provided in Exhibit 7.
[44] So Item 2.1 of the NDP is the Department of State Report for the United States for the year of 2019. That report states that societal discrimination against lesbian, gay, bisexual, transgender and intersex persons was prevalent as were honour killings.
[45] It also states that authorities in Jordan can arrest LGBTI individuals for allegedly violating public order or public decency which are crimes under the penal code and it notes that transgender individuals were especially vulnerable to acts of violence and sexual assault in Jordan.
[46] This as I said this is also corroborated by the documents contained in the claimant’s country conditions package which I believe I misspoke I think it’s Exhibit 6 not Exhibit 7. Item 2.1 also notes that activists reported that discrimination against LGBT people occurred in housing, employment, education and access to public services.
[47] Some LGBT individuals reported reluctance to engage the legal system due to fear that their sexual orientation or gender identity would provoke hostile reactions from the police, disadvantaged them in court or be used to shame them or their families.
[48] I’ve also considered Item 6.1 which repeats much of what I noted in Item 2.1. It further indicates that discrimination is quite prevalent and that there are no anti discrimination laws that specifically protect LGBT individuals in Jordan.
[49] It also notes that Jordanian society is deeply conservative and describes why political reform has not been happening as legal reforms affecting LGBT people would be politically costly and (inaudible) defend LGBT rights would cause parliamentarians to lose their audience and supporters.
[50] There’s another Item in the NDP, Item 7.3 which states that conservative, cultural and religious norms restrict Jordanian LGBTI persons from being open. It also notes that authorities may use laws forbidding adultery or breaches of modesty to be used against LGBTI travellers.
[51] So in light of the evidence that I’ve just cited I find that the claimant would face a serious possibility of persecution in Jordan due to his gender identity and I also find that adequate state protection would not be available to the claimant as this attitude is generally consistent throughout the country.
[52] With respect to an IFA, I find that there is no viable internal flight alternative for the claimant as Jordanian society is one of the agents of persecution and there is no evidence that any area of Jordan is particularly better than any other area of Jordan for transgendered individuals.
[53] So I have therefore determined that the claimant has a well founded fear of persecution on the basis of his membership in a particular social group and I accept his claim.
[54] I want to thank you for your testimony today XXXX(ph) I wish you all the best.
[55] CLAIMANT: Thank you very much.
[56] COUNSEL: Thank you so much it was a real pleasure appearing in front of you, thank you.
[57] MEMBER: Thank you. Thank you madam interpreter as well for your assistance.
[58] INTERPRETER: Thank you, thank you very much.
[59] MEMBER: And for connecting and reconnecting when we had issues. Alright so I hope everyone has a great day take care. I believe a transcript of this decision will be sent to you in the mail both counsel and XXXX (ph) so you’ll have a copy of that. Okay, so counsel I’m sure counsel can make you aware of next steps.
[60] COUNSEL: Thank you.
[61] MEMBER: Alright take care. Bye bye.
———- REASONS CONCLUDED ———-