Category: Barbados

2022 RLLR 30

Citation: 2022 RLLR 30
Tribunal: Refugee Protection Division
Date of Decision: November 28, 2022
Panel: Nick Bower
Counsel for the Claimant(s): Tiffani Frederick
Country: Barbados
RPD Number: VC2-07212
Associated RPD Number(s): N/A
ATIP Number: A-2022-01960
ATIP Pages: N/A

DECISION

[1] MEMBER: These are my reasons for decision in the claims for protection of XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX, citizens of Barbados who seek protection under the Immigration and Refugee Protection Act as Convention refugees under section 96 and as persons in need of protection under section 97(1).

[2] I have heard your testimony and considered all of the evidence before me in this matter. As an initial matter, and I mean no disrespect by using your first names, but XXXX, you are the designated representative for XXXX XXXX XXXX who is still a minor.

[3] I have considered and applied the chairperson’s guideline 4 regarding claims of gender-based persecution.

[4] I specifically note as a starting point at paragraph 11.2.1, the guideline states that the Convention refugee ground of membership in a particular social group includes individuals fearing gender-based persecution.

[5] At paragraph 4.3 and paragraph 4.4, the guideline states that Members should avoid the application of myths, stereotypes, and incorrect assumptions when making findings of fact and law and when making decisions. Specific examples of these incorrect myths and stereotypes include assumptions that survivors of gender-based violence can be expected to behave in a particular manner, including pursuing criminal complaints, that a person in an abusive relationship will seek to leave at the first opportunity, that a person who has experienced gender-based violence once in Canada will automatically seek out counselling or assistance in overcoming trauma, that well-educated women or women with a capacity for self-sufficiency are less likely to experience gender-based violence, and that a person who is a victim of gender-based violence will necessarily know before arriving in Canada that they possess basic human rights, that what has happened is an infringement of those rights, and that there may be avenues of recourse available to them.

[6] At paragraph 8.2.1, the guideline talks about corroborating evidence and notes that survivors of gender-based violence may not have access to any corroborating evidence, any independent evidence. And that of course makes sense when one (1) considers that the allegations are of domestic violence, violence that happens in the home, in a very personal and private setting, that other people in the community are not likely to see or not — in any event, not likely to see the full extent of.

[7] At paragraphs 11.3.1 through 11.3.3, the guidelines discuss persecution. The guideline states that an individual’s experience of gender-based violence may not necessarily amount to persecution in every case. It is — it needs to be analyzed on a case-by-case basis. But discrimination amounts to persecution if the consequences are substantially prejudicial, such as the right to earn a livelihood, rights to private and family life, freedom of movement, or the right to an education, and that harassment that is sufficiently serious and occurs over a period of time of time such that the person’s physical or moral integrity is threatened may constitute persecution.

[8] Having considered all of the evidence, I find that each of you is a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

[9] Very briefly, you allege that you have in Barbados been living in a household with long standing domestic violence, physical and emotional. The worst of the physical violence was directed against you, XXXX, but all three (3) of you did suffer threats of physical violence at the very least, as well as ongoing psychological, emotional violence. The agent of persecution, XXXX XXXX XXXX XXXX XXXX, is still alive, well, still living in the family household in Barbados.

[10] Turning to analysis, the first issue is identity. I have copies of your current passports in Exhibit 1 and copies of your birth certificates in Exhibit 5. I am satisfied that each of you is a citizen of Barbados. I have heard your testimony and reviewed all of the evidence.

[11] I find that each of you is a credible witness, and I accept your testimony. There are no significant inconsistencies or omissions between your testimony and the other evidence before me. Your allegations are at the very least not inconsistent with objective evidence about current conditions in Barbados. You both testified in a spontaneous and forthright manner. You did not exaggerate or tailor your evidence.

[12] You have provided some corroborating documents in Exhibit 5, but I accept your testimony. I find that you are credible witnesses and specifically accept your evidence that you have all survived a long standing violent domestic home at the hands of XXXX XXXX in Barbados. (Inaudible) that you have all suffered psychological harm, and that you have all been victims of — threats of, or actual physical violence from XXXX. Now, there is — I find XXXX, that you are not excluded from protection under article 1(f)(b) of the Convention. There is no evidence that — well, that XXXX XXXX XXXX father, XXXX, has consented to her coming to stay in Canada. It is potentially the crime of abduction under the Canadian criminal code, which does have a maximum penalty of 10 years, and so is presumed serious.

[13] However, section 285 of the Canadian criminal code provides a full defense if the person who removes the child from the other parent does so to either protect the child from imminent harm, or is him or herself escaping a danger of imminent harm. As I will explain, I find that you were escaping a danger of imminent harm, as well as protecting XXXX XXXX XXXX from danger of imminent harm. You therefore have access to the full defence under section 285, and so there is no serious reason to consider that you would be excluded from protection because you might have committed a serious non-political crime outside Canada before arriving in Canada to seek protection.

[14] There is a nexus between the persecution alleged and the particular social group of women in Barbados. The UN compilation at the NDP Exhibit 3, Tab 2.4, note that patriarchal attitudes in Barbados for example, prevent women from among other things, participating in governmental decision making. The country gender assessment at Tab 5.3 notes that very high levels of overall human development in Barbados have not been accompanied by a correlating and an expected gender equality, and that these patriarchal norms are used to justify violence against women who do not “know their place”, and support male control over women and girls’ bodies, including use of violence to get access to sex.

[15] I find that women and girls in Barbados do constitute a particular social group for the purposes of the refugee Convention in section 96 of the Immigration and Refugee Protection Act. Further, XXXX XXXX XXXX, I find that there is also a particular social group (inaudible) your case as the family member of a person who fears persecution under section 96. You testified that if you were to return a loan, you may face a harm or at the very least ongoing pressure from XXXX to get information from you about your mother and sister that — in addition to potentially pursuing you — to pursue you, he would also pursue you to get after your family members who allegedly face gender-based persecution, and so, there is this additional particular social group in your circumstances.

[16] Turning to the well-founded fear of persecution, that has two (2) parts. A subjective fear and an objective basis. I have heard your testimony and I accept that each of you does have a subjective fear of persecution if you were to return to Barbados today. In the case of XXXX XXXX XXXX, I note guideline 3, dealing with child refugee claims — notes that due to a child’s age, the child might not be able to testify or give evidence themselves about specific issues in their claim, which can include whether or not they are afraid to return. But the Panel, the Division, as the deciding member, I can consider all of the evidence, and I can infer details of XXXX XXXX XXXX claim from all of the evidence provided. And based on the evidence, I can certainly infer, and I accept that she also has a subject subjective fear of persecution if she were to return to Barbados today.

[17] Considering all of the evidence, I find that your subject fear is objectively well-founded, and that you would face a serious risk of persecution if you were to return to Barbados today. Specifically, based on the evidence I have, I am satisfied that each of you would face at the very least, a serious risk of threats of physical violence, physical violence, and ongoing psychological violence causing psychological injury from XXXX, if you were to return.

[18] As the guideline notes, persecution can and should be considered to include threats to a person’s moral integrity. And the law is quite clear that psychological health is also health. Psychological harm is harm, just the same as physical harm. Threats of violence that cause psychological harm is as persecutory as threats and violence that cause physical harm. And it is analytically wrong to require an element of actual physical violence or harm if a person faces a serious risk of psychological harm. The evidence is that the physical violence has mostly — largely been directed against you, XXXX. But there have been threats of physical violence, and there has been, I find, on the evidence demonstrated, psychological harm to all three (3) of you.

[19] XXXX XXXX XXXX, you and XXXX XXXX XXXX have both sought out psychological treatment for the harm you have suffered. XXXX, you have looked into the availability of psychological treatment. XXXX XXXX XXXX in particular has — you have seen — shown very concerning signs of serious psychological harm that has led her to cut herself to inflect physical harm, just to demonstrate the depth of her psychological harm. If you were to return, there is a serious risk that XXXX would continue to act as he has done in the past. That he would continue to threaten you, that he would continue to manipulate you, that he would continue to use violence or threats of violence to control you, down to the level of what you can spend for groceries, something that is not even in your control. And that these threats of violence and violence would cumulatively, seriously threaten your physical and your moral integrity, would threaten your physical and your psychological health, and amounts to persecution.

[20] This is consistent with the objective evidence about conditions in Barbados. At Tab 2.2, the report by Freedom House notes that violence against women in Barbados remains widespread, and laws addressing domestic violence are not well enforced. At Tab 5.11, the report notes that rates of domestic violence have increased with the COVID-19 pandemic, which has forced families to remain at home.

[21] At Tab 5.3, the report notes that Barbados has a very high rate of gender violence with 27 percent of women and girls, or more than one (1) in four (4) reporting having experienced domestic violence. At Exhibit 6, there is an article from April 2022, where the chief magistrate correctly observes that domestic violence is harmful to everyone in the family. The chief magistrate notes that — states that domestic violence around children creates war zones in households, that unleash terrorists on society. It is a recognition that domestic violence has serious ongoing long-lasting harm, whether or not that instant of physical violence is directed against that individual or someone else in the family. I will come back to that article in a moment.

[22] If you were to return, Barbados is a very small country with a very small population. It is about 400 square kilometres, and has a population of just over 300,000 people. You would either be living with the agent of persecution again, or in the same community. There is simply not enough physical space or population to not be either living with him or living near him. If you are living with him, there is a serious risk that the same circumstances are simply going to continue, and you are going to continue to experience physical violence and psychological violence. If you were to live independently, out — away from him in another household, that would be — there would be a serious risk that would be seen as a loss of his face in the community.

[23] The reports note that — sorry, let me just find it — that — lethal violence against women. Murders of women in Barbados have increased. They did dip for one (1) year, but have remained well, far too high. And so, simply removing yourself from the same household does not reduce the risk of ongoing violence, and maybe an inciting incident, a triggering event that can lead to an increase in violence. If you were to return based on all of the evidence, I am satisfied that each of you would face a serious — persecution.

[24] XXXX XXXX XXXX, you are an adult. If you were to return, then it is possible that you could live outside the same home as the agent of persecution. However, you have testified, and I accept that there is a serious risk. He would still continue to pursue you either to continue to exert his control over you, as he is the man of the house, and you are therefore one (1) of (inaudible) “his women in the house to control.” But there is also a serious risk he would continue to pursue you to force you to give information about your mother, his wife, about your sister, his child daughter. And there is a serious risk given his use of violence in the home in the past, in a domestic situation in the past, that he could threaten and could use physical violence to compel you to either give him the information he wants, or to hurt you to — through hurting you, hurt your mother and sister.

[25] I find that you do not have a viable internal flight alternative. As noted by the CIA World Fact Book, Tab 1.3, Barbados is a very small nation. It is geographically small. It has got a small population. You have testified and I accept that everyone knows everyone. There is nowhere where you could relocate to, where you would not be able to find you easily. And of course, if he is able to find you, he would be able to travel to and reach you. It all comes down to his motivation, and there is no reason that — to believe that he will not be as motivated to continue the persecution as he was in the past. There is no reason to believe that his behaviour has changed or will change.

[26] I also note at Tab 5.3, the report on the country gender assessment for Barbados, that occupations — work in Barbados is highly differentiated by sex, and the — this differentiation has only been growing since 1996. That women make up the majority of workers who earn less than 500 dollars a week, and men make up the majority in all income brackets, earning more than 500 dollars a week. Women are statistically at the very bottom of the pay scale. Female headed households the reports states, poverty is concentrated among female headed households in Barbados.

[27] The CIA World Fact Book notes that unemployment overall is 10 percent as of 2017. That is one (1) in 10 people. But for youths, it is as high as 26 percent overall, and more than 20 percent for young women. That is more than one (1) in five (5). Given the evidence about work, about earnings, there is a serious risk that if you were to return and relocate, you would face poverty, because of your gender as independent women. I therefore find you do not have a viable internal flight alternative.

[28] Finally, I find that you would not receive adequate state protection. The US DOS report and other reports do note that Barbados has legally made steps to increase the laws protecting women from violence. However, considering all of the evidence, I find that these not — these are not practically enforced. Going back to that article I referred to, where the chief magistrate correctly notes that domestic violence is hurting everyone. He then goes on to say that the police are “too much involved” in domestic matters.

[29] You have provided another article in Exhibit 6, from January 2020, about a recent domestic violence case where the report quotes the president of the National Organization for Women, stating that domestic violence is not taken seriously by the courts, and particularly by the police. At Tab 2.4, the UN compilation, it states in regards to domestic violence and court response to domestic — “the committee was however, concerned about the insufficient resources allocated to the justice system, the overly burdened procedural rules, considerable backlogs and lengthy delays in processing cases, the limited capacity of the police and courts to address complaints from women about gender-based violence in a gender sensitive manner, and the absence of a specialized court on family laws.”

[30] At Tab 5.5, report by the research directorate states that police are slow and reluctant to respond to calls about domestic violence, and their response is by and large, inadequate. That is also consistent with the objective evidence about patriarchal norms in Barbados and society. The police are members of society and are presumed reasonably, to share those same opinions in the absence of evidence of effective training to combat these patriarchal attitudes. There are reports that there have been some attempts to provide this evidence, but the police are still reluctant to respond to domestic violence and see it as a domestic matter.

[31] Despite the laws in place or coming soon, I find that the police and the courts do not provide a practical adequate response to issues of domestic violence. That the police response is slow, it is inadequate, the court system is slow and inadequate, and this not only leads to a tolerance of domestic violence, a impunity for offenders, it is also consistent with and reinforces the patriarchal beliefs that say that men have control. That men are allowed to use violence to exert that control, and that women should know their place, because the police and the courts are not acting in a way to say anything different. For all of these reasons, I find that each of you is a Convention refugee under section 96 of the Immigration and Refugee Protection Act, and I accept your claims for protection.

——————–REASONS CONCLUDED ——————–

All Countries Barbados

2021 RLLR 70

Citation: 2021 RLLR 70
Tribunal: Refugee Protection Division
Date of Decision: February 1, 2021
Panel: Isis Van Loon
Counsel for the Claimant(s): Subodh Singh S Bharati
Country: Barbados
RPD Number: VC0-03617
Associated RPD Number(s): N/A
ATIP Number: A-2022-01594
ATIP Pages: N/A

DECISION

[1] MEMBER: These are the reasons for the decision in the claim of XXXX XXXX XXXX, who claims to be a citizen of Barbados and is claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.

[2] In assessing this case, I’ve considered the Chairperson’s Guidelines on Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression to ensure that appropriate accommodations were made in questioning and in the overall hearing process and in substantively assessing this claim.

[3] I considered as well XXXX your age, your level of education, and your life experience. I note that you have a high school education, you left Barbados at age 17 and you’ve lived for almost a year in a shelter before being able to find a stable residence.

Allegations

[4] Your allegations are set out in your Basis of Claim form and in your testimony. The following is a very brief summary. You fear persecution in Barbados as a lesbian who presents in a masculine manner.

Determination

[5] I find that you are a Convention refugee as you’ve established a well-founded fear of persecution based on a Convention ground.

Identity

[6] I find that your identity as a national of Barbados is established by your testimony and the supporting documentation on file which includes a copy of your birth certificate and a Barbados national identity card in exhibit 4. This identity card is a photo ID card. As well you have provided a number of Facebook posts that date back to 2017 and 2018 in the name of XXXX XXXX which show photos of yourself. I find on a balance of probabilities that your identity is established.

Credibility

[7] The presumption before me is that your testimony is true. However this can be rebutted in appropriate circumstances if there are inconsistencies, contradictions, omissions or undetailed testimony. You provided documents to support your claim in Exhibit 4. We reviewed numerous photos of you with two different former girlfriends. You were able to describe in detail what the occasion was, where the photos were taken, and who was in the photos. You have the Facebook profile pictures dated and I note that those use the pronoun his as in XXXX XXXX updated his profile picture going back to 2017. As you’ve described, you are seen in these photographs with what would traditionally be considered male clothing as well as more traditionally male hairstyle as you have alleged. I found you overall that you were straightforward and forthcoming, you were able to provide details when I asked you about different things that you had told me about. I didn’t see any relevant inconsistencies in your testimony or contradictions with the other evidence before me. I found you overall to be credible and therefore I believe what you’ve alleged in support of your claim.

[8] Your narrative and testimony corresponds to the ample objective evidence about conditions in Barbados pertaining to members of the LGBTQ community and accordingly I really have no reason to doubt the central elements underpinning your claim for protection. So I accept that you are lesbian who presents in a traditional male manner and wears traditional male clothing and that you’ve experienced bullying, harassment, and threats of violence as a result of this.

[9] I find the persecution you face has a Nexus to one of the five Convention grounds that of your membership in a particular social group as a member of the LGBTQ community as a lesbian who presents as male and therefore I’ve assessed your claim under Section 96.

Well-Founded Fear

[10] In order to be considered a Convention refugee, you must demonstrate a well-founded fear of persecution, including both a subjective and an objective basis for that fear. Based on your testimony, your supporting documents and the country condition documents, I find that you have a well-founded fear of persecution for the following reasons.

[11] You came out to your parents at 17 years of age with the support of a friend who is also LGBTQ. Your family with the exception of one brother became abusive. You experienced homophobia on a daily basis, in the media, and both in public and at home where you were harassed, bullied, and threatened with violence. You were warned by police that if you didn’t start to dress like a girl you would be sent to a reformatory. You witnessed an openly gay man that you knew being assaulted by a crowd because of his sexuality. You with your best friend who was also LGBTQ began to look for alternatives and you talked to a bisexual friend who’d moved to Canada. The two of you were able to arrange a vacation in Canada with the help of your friend’s mother. You had no intention of returning to Barbados and instead planned to claim asylum in Canada. The friend who came with you returned to Barbados where he later became suicidal and addicted to drugs. You included a newspaper article about this friend, with the headline ‘Mom fears son will kill himself’ which discusses his addiction after he pleaded guilty to possession of cannabis.

[12] You stated that you have experienced bullying and harassment for much of your life due to the way that you present yourself. So I’ve accepted that you are a lesbian who presents as male. I note that you are young, you were a minor when you left Barbados, you’ve had challenges in establishing yourself in Canada and you spoke of your passport being lost or stolen. It took you some time to find resources needed to initiate your refugee claim which you did on June 27^th of 2019. And as I’ve said previously, given the country condition documents as well as your credible testimony I accept that you subjectively fear persecution in Barbados.

[13] You described for me what it was like for you growing up in Barbados and what would happen to you if you return to your home country. You said life would be depressing whereas in Canada you’re able to freely be yourself, you can get a job and you can focus more on being you. That you didn’t have to worry about what people were thinking about you. You said in Barbados that there are a lot of negative things that make you a dark person, is that you feel like you don’t wanna be yourself anymore because people hate you and they come at you.

[14] I asked you about how you identified yourself and you said that you identified as a guy, but it was fine to refer to you as she or he because it doesn’t matter when you know somebody is not coming at you in a disrespectful way. However, for people who are being disrespectful this is a problem for you. And I asked why you identified as a lesbian, you said simply because I like girls, that is how I feel.

[15] Your allegations of the treatment that LGBTQ people in Barbados receive is consistent with country documents. The country documents in the NDP indicate that same-sex activity is against the law although the law is rarely enforced. Further the documentary evidence points to strong societal discrimination against sexual minorities, including persons in the LGBTQ+ community who are sometimes victims of violence.

[16] The United States country report on human rights practices for Barbados in 2019 at Item 2.1 of the NDP for Barbados indicates that, there are significant human rights issues in Barbados including criminalization of consensual same-sex sexual activity. Civil society groups have reported that LGBTI persons faced discrimination in employment, housing, access to education and health care. The activist stated that while many individuals were open about their sexual orientation or gender identity, police disapproval and societal discrimination made LGBTI persons more vulnerable to threats, crime, and destruction of property. LGBTI women were particularly vulnerable to discrimination and unequal protection under the law. In one case a school prevented a transgender student from dressing as a woman. And I note that here you yourself told me that people tried to prevent you from dressing as a man.

[17] An IRB Response to Information Request at NDP 6.1 reported homosexual acts are illegal. There’s a maximum sentence of life imprisonment and it’s illegal for both male and female same sex couples according to a country reports quoted in this report; discrimination against LGBT individuals was one of the most serious human rights problems in Barbados. Persons in the LGBTQ community in Barbados face stigma and discrimination often manifested in forms of property damage, ostracism, verbal abuse from strangers and family alike, unjustified denial of employment, denial of housing, rejection and abandonment by family and friends and society at large. Many LGBT couples are forced to hide their relationship to avoid mistreatment. There were reported incidents arson, rape of both males and females, attempted suicide, homelessness, verbal abuse, depression and assault. I’m satisfied that you’ve established that the harm you experienced and fears if you were to return to Barbados amounts to a serious harm that is a denial of a core human right and that you face a serious possibility of experiencing that harm if you were to return to Barbados given your profile as a lesbian who presents as male.

State Protection

[18] I find the presumption of state protection is rebutted with clear and convincing evidence as follows. At NDP 6.1 police in Barbados have been denounced as discriminatory and their treatment of victims who are LGBT and most members of the LGBT community do not report matters to the police out of fear of negative repercussions or facing ridicule. LGBT individuals have faced disapprobation by police officers and some police are well trained, however, others can be very dismissive of gay men and trans women and justice is very rarely served in these case and many charges are dropped due to many years of waiting or of missing reports. Based on the objective evidence I find that adequate state protection would not reasonably be forthcoming to you in Barbados.

Internal Flight Alternative

[19] Now an internal flight alternative exists whether it would be some place safe that you could relocate in your home country. However, Barbados is a very small island, the States in control of the island. I’m satisfied that there’s no viable internal flight alternative for you in Barbados given the law criminalizing consensual same-sex activity exists throughout the country. And as well that homophobia permeates the society.

[20] Based on all the evidence before me, I find you’d face a serious possibility of persecution if you were to return to Barbados and I therefore conclude that you are a Convention refugee; accordingly I am accepting your claim.

———- HEARING CONCLUDED ———-

All Countries Barbados

2021 RLLR 28

Citation: 2021 RLLR 28
Tribunal: Refugee Protection Division
Date of Decision: June 1, 2021
Panel: Kim Bugby
Counsel for the Claimant(s): Pablo A Irribarra Valdes
Country: Barbados
RPD Number: TC0-05019
Associated RPD Number(s):
ATIP Number: A-2022-00665
ATIP Pages: 000138-000140

DECISION

[1] MEMBER: So, I have considered that your testimony and the other evidence in your case and I am ready to render my decision orally. These are the reasons for the decision in the claim of XXXX XXXX XXXX who claims to be a citizen of Barbados and is claiming refugee protection pursuant to s. 97 and s. 97(1) of the Immigration and Refugee Protection Act. In rendering my reasons, I have considered the Chairperson’s Guideline 9: Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression.

[2] Your allegations are fully set out in your Basis of Claim. In summary, you fear persecution at the hands of society as a transgender woman. I find that you are a refugee pursuant to s. 96 of the Immigration and Refugee Protection Act as there exists a serious possibility of persecution should you return to Barbados due to your membership in a particular social group, namely transgender women. I find that your identity as a national of Barbados is established by submission of your passport.

[3] I find you to be a credible witness and therefore believe what you alleged in support of your claim. You testified in a straightforward manner and there were no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me. In particular, the following evidence establishes your allegations as set out above: psychological, medical and social work reports substantiating that you identify as a transgender woman and are undergoing hormone therapy, multiple letters of support from friends in Canada and the Caribbean substantiating your sexual identity and the issues you have faces as a result, photos of you and social media screenshots related to your social interactions. After reviewing the documents, I have no reason to doubt their authenticity.

[4] Given that there are no serious credibility issues, with respect to your allegations, coupled with the documentary evidence set out below, I find that you have established a perspective risk of harm in Barbados. The risk is corroborated by the following documents: at Tabs 6.1 to 6. 3 the evidence indicates the discrimination against LGBT individuals was one of the most serious human rights problems in Barbados, with LGBT persons facing discrimination in employment, housing, and access to education and healthcare.

[5] At Tabs 6.4, the documents indicate that homosexual acts are illegal in Barbados with a maximum sentence of life imprisonment. Although the laws are generally not enforced, the discriminatory legislation negatively impacts the LGBT population, giving social and legal sanction for discrimination, violence, stigma and prejudice against lesbian, gay, bisexual and transgender individuals.

[6] Your evidence indicates that your style of dress and demeanour were inconsistent with societal expectations. At Tabs 6.1, the documents indicate that those who do not fit the gender norm are tremendously at risk in Barbados and have been subjected to physical and sexual violence. 6.4 further indicates that trans women are particularly vulnerable to attacks by their partners as well as strangers and for transgender people, social rejection intensifies as they attempt to express their gender identity. Stigma and discrimination is often manifested in the form of property damage, ostracism and verbal abuse from strangers and family alike, unjustified denial of employment, denial of housing, rejection and abandonment by family, friends and society at large. The objective evidence is consistent with your allegations and I find that the harassment, discrimination and violence you have and would face in Barbados amounts to persecution. Further, the evidence supports a conclusion that you cannot live openly and freely as a transgender woman in Barbados.

[7] I have examined your claim under s. 96 of the Immigration and Refugee Protection Act as I conclude that the risk you describe constitutes persecution based on at least one of the grounds prescribed in s. 96, specifically your membership in a particular social group. I find that there is clear and convincing evidence before me that this state is unwilling to provide you with adequate protection, the objective evidence indicates that there are no legal protections for those who face discrimination as a result of their sexual orientation, and the police in Barbados have been denounced as discriminatory in their treatment of victims who are LGBT.

[8] I have also examined whether a viable internal flight alternative exists for you based on the evidence on file. I find that you would face a serious possibility of persecution throughout Barbados. The country is small, and the documentary evidence indicates that authorities operate similar throughout the country and societal attitudes are also similar throughout the country. In light of the preceding, I conclude that you are a refugee pursuant to s. 96 of the Immigration and Refugee Protection Act and accordingly, I accept your claim.

———-REASONS CONCLUDED———-

All Countries Barbados

2021 RLLR 27

Citation: 2021 RLLR 27
Tribunal: Refugee Protection Division
Date of Decision: June 10, 2021
Panel: Miranda Robinson
Counsel for the Claimant(s): M. Mary Akhbari
Country: Barbados
RPD Number: TC0-11108
Associated RPD Number(s):
ATIP Number: A-2022-00665
ATIP Pages: 000131-000137

REASONS FOR DECISION

INTRODUCTION

[1] These are the reasons for the decision in the claim of XXXX XXXX XXXX, aka XXXX XXXX XXXX, who claims to be a citizen of Barbados, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.

[2] This claim has been decided without a hearing, according to the Immigration and Refugee Board’s Chairperson’s Instructions Governing the Streaming of Less Complex Claims at the Refugee Protection Division (RPD) and paragraph 170(f) of the Act.

[3] The panel has considered and applied the Immigration and Refugee Board’s Chairperson’s Guidelines 9: Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression.

ALLEGATIONS

[4] The claimant’s allegations are found in her Basis of Claim form and narrative¹ and amendments.²

[5] In summary, the claimant alleges she faces persecution in Barbados at the hands of the homophobic and anti-LGBTQ community for identity as a transgender woman and sexual orientation as lesbian.

Decision

[6] The panel finds that the claimant is a refugee, pursuant to section 96 of the IRPA, as there exists a serious possibility of persecution, should she return to Barbados, on account of her membership in a particular social group, specifically as a person that identifies as transgender and lesbian. The reasons are as follows.

Identity

[7] The panel finds that the identity of the claimant as a national of Barbados is established by the documents provided, primarily the certified copy of the passport.³

[8] The panel notes the claimant has indicated a preference for she/her pronouns and the name of XXXX XXXX XXXX. As the claimant’s identification documents still reflect the legal name of XXXX XXXX XXXX, that name has also been included in this decision, however her preferred name and pronouns will be used henceforth.

Credibility

[9] Based on the documents in the file, the panel has noted no serious credibility issues. After reviewing the documents provided, the panel has no reason to doubt their authenticity.

[10] To establish the claimant’s identity as a transgender female, she has provided excerpts from her blog indicating her transgender identity and some of her experiences in Barbados as a result;⁴ excerpts from her Facebook page showing her name as “XXXX XXXX” and referring to herself as trans;⁵ an email confirming the claimant’s acceptance in XXXX XXXX XXXX;⁶ a published article interviewing the claimant and her art;⁷ medical documents confirming hormone treatments the claimant is prescribed;8 letters of support from friends and family referring to the claimant in her preferred name and pronouns, and corroborating their knowledge of allegations;⁹ and a letter of support from the organization XXXX XXXX, which confirms her status as a client of the organization and her gender identity.¹⁰

[11] To establish her sexual orientation, the claimant as provided a letter of support from her current partner, as well as photographs of the claimant and her current partner together;¹¹ social media posts, photographs, and a conversation on a dating application showing the claimant’s relationship with a previous partner.¹²

[12] The panel therefore finds, on a balance of probabilities, that the claimant identifies as a person that is transgender and a lesbian.

[13] The panel finds the claimant’s subjective fear has been established.

Objective basis

[14] Given that there are no serious credibility issues with respect to allegations of the claimant, coupled with the documentary evidence set out below, the panel finds that the claimant has established a prospective risk and well-founded fear of persecution in Barbados.

[15] This risk is corroborated by the National Documentation Package (NDP) for Barbados -April 23, 2021 version.¹³

[16] The objective evidence reports that the criminalization of consensual same-sex activity is a significant human rights issue facing Barbados. The penalty for this, although rarely enforced, includes life imprisonment.¹⁴ The presence of this law encourages anti-LGBTQ sentiments amongst the general population.¹⁵

[17] Where the overall homophobic and anti-LGBTQ community is concerned, recent surveys have shown that approximately half of all Barbadians supported the enforcement of current laws banning same-sex activity.¹⁶

[18] It is reported that LGBTI persons face ongoing discrimination in employment, housing, access to education and healthcare.¹⁷ The stigma and discrimination is commonly manifested in the form of property damage, ostracism, and verbal abuse from strangers, friends, family, and society at large.¹⁸ Activists have indicated that police disapproval and societal discrimination has made LGBTI persons more vulnerable to threats, crime, and destruction of property.¹⁹

[19] Societal discrimination in Barbados is further exacerbated by public figures and church leaders condemning sexual minorities and labelling the “gay agenda” a threat to human existence.²⁰ Popular media outlets have trivialized physical and sexual violence against the LGBTQ community and emphasize the lack of value placed on LGBTQ lives in Barbados.

[20] It is additionally reported that LGBTI persons in Barbados face immense pressure to simply conform to traditional gender norms in order to appease society. Those that do not conform face a risk of physical and sexual violence, with transgender women being among the most at risk.²¹

[21] The panel therefore finds the objective basis for this claim has been established.

Nature of the harm

[22] The panel has examined this claim under section 96 of the IRPA, as it concludes that the risk the claimant faces constitutes persecution based on at least one of the grounds prescribed in the Refugee Convention, specifically her membership in a particular social group, as a transgender woman and lesbian.

[23] The panel finds the claimant faces risk in the form of harassment, discrimination, threat of physical and psychological harm, and an inability to live openly as either a transgender female or lesbian.

State Protection

[24] The panel finds that there is clear and convincing evidence that the state is unable or unwilling to provide the claimant with adequate protection.

[25] As outlined above, the laws banning consensual same-sex acts in Barbados carry heavy sentences, and there are limited legal protections for those facing discrimination as a result of sexual orientation or gender identity. The potential for arrest and prosecution under these laws is reported to be among the most serious issues facing the LGBTI community in Barbados.²²

[26] It is further reported in objective country documentation that police can be “very dismissive” of LGBTQ persons and of transwomen.²³ Additionally, most members of the LGBTQ community do not report matters to police out of fear of further negative repercussions and ridicule. Reports state that police in Barbados have been denounced as discriminatory in their treatment of LGBT victims, and that individuals attempting to make reports have faced condemnation by police officers. Justice is very rarely served for LGBT cases and many charges are dropped after years of waiting, incomplete investigations and police complacency.²⁴ Alternate sources also confirm police disapproval of the LGBTQ community contributes to the vulnerability of its members.²⁵

[27] The panel therefore finds the presumption of state protection in this case has been rebutted.

Internal flight alternative

[28] The panel has examined whether a viable internal flight alternative exists for the claimant. Based on the evidence on file, the panel finds that the claimant faces a serious possibility of persecution throughout Barbados. As the legal framework and anti-LGBTQ atmosphere is consistent throughout Barbados, there is no part of the country where the claimant would be able to live freely as a sexual minority and with her transgender identity.

Conclusion

[29] In light of the preceding, the panel concludes that the claimant is a Convention refugee, pursuant to section 96 of the IRPA and accepts this claim.

(signed) Miranda Robinson

June 10, 2021

1 Exhibit 2, Basis of Claim (BOC) form, 08 April 2020

2 Exhibit 6, BOC Amendment, 27 April 2021

3 Exhibit 1, Claim Referral Package from IRCC/CBSA

4 Exhibit 5, Personal Disclosure, 27 April 2021

5 Ibid., Exhibit 5

6 Ibid., Exhibit 5

7 Ibid., Exhibit 5

8 Ibid., Exhibit 5

9 Ibid., Exhibit 5

10 Exhibit 7, Personal Disclosure, 03 May 2021

11 Ibid., Exhibit 5

12 Ibid., Exhibit 5

13 Exhibit 3, National Documentation Package (NDP) for Barbados, 23 April 2021

14 Exhibit 3, National Documentation Package (NDP) for Barbados, 23 April 2021, item 2.1

15 Exhibit 3, National Documentation Package (NDP) for Barbados, 23 April 2021, item 6.1

16 Ibid., Exhibit 3, item 6.1

17 Ibid., Exhibit 3, item 2.1

18 Ibid., Exhibit 3, item 6.1

19 Ibid., Exhibit 3, item 2.1

20 Exhibit 3, National Documentation Package (NDP) for Barbados, 23 April 2021, item 6.2

21 Ibid., Exhibit 3, item 6.2

²² Ibid.. Exhibit 3, item 2.1

23 Ibid., Exhibit 3, item 6.1

24 Ibid., Exhibit 3, item 6.1

25 Ibid., Exhibit 3, item 2.1

All Countries Barbados

2020 RLLR 148

Citation: 2020 RLLR 148
Tribunal: Refugee Protection Division
Date of Decision: February 17, 2020
Panel: D. Willard
Counsel for the Claimant(s): Annie N. O’Dell
Country: Barbados
RPD Number: TB8-29245
Associated RPD Number(s): TB8-29336; TB8-29337; TB8-29338
ATIP Number: A-2021-01105
ATIP Pages: 000057-000065

DECISION

[1] MEMBER: This is an oral decision in the claims for refugee protection of XXXX XXXX XXXX XXXX XXXX XXXX the File number is TB8-29245, XXXX XXXX XXXX XXXX XXXX the File number is TB8-29336, XXXX XXXX XXXX TB8-29337 and XXXX XXXX XXXX the File number is TB8-29338.

[2] The claimant’s are seeking protection in Canada; well the principal claimant is seeking protection in Canada pursuant to Section 96 of the Immigration and Refugee Protection Act on the basis of her membership in a particular social group that is women who are at risk due to domestic violence and domestic violence in Barbados.

[3] The claimant indicates that she and the minors are all citizens of Barbados only and of no other country. The panel wishes to note that the written version of these reasons will not be edited for spelling, syntax, grammar and no references to applicable case law.

ALLEGATIONS:

[4] The details of the claimant’s allegations are found in Exhibit 2.1 before the panel in the basis of claim form narrative and also in the additional narrative at Exhibit 4 which provides an update to the initial narrative.

[5] In summary the claimant the principal claimant indicates that she was born in Barbados XXXX XXXX XXXX XXXX. That she and the minor claimant’s who are her children are all citizens of Barbados only. She states that her sons share a father XXXX XXXX who continues to reside in Barbados and from whom she obtained a letter of consent in order for them to travel to Canada.

[6] She indicates that her daughter XXXX her father XXXX XXXX(ph) is the individual who the claimant is afraid of in Barbados. She details the nature of her relationship with XXXX (ph) in her narrative.

[7] To summarize; she indicates that she met him a number of years ago when her eldest son was still quite young. She states that the relationship initially was positive but took a turn for the worst and became a very abusive one.

[8] She indicates that over the years she’s lived in a variety of different places including with XXXX(ph) father, her mother she’s moved addresses a number of times but that XXXX(ph) has been abusive on a continual basis in a manner of different forms.

[9] She indicates in her narrative that she tried to seek help from the police on a number of occasions. She indicates that help was not operationally adequate so to speak, it was not forthcoming to her.

[10] She states that after a number of attempts to try to get help from them she gave up hope, particularly on the last occasion in the fall of 2018 when she had an altercation with XXXX (ph) in which the police were not helpful to her and gave her a solution that she believed would end up in her being charged with assault and being arrested.

[11] It was at this point that she decided that she could no longer live in Barbados and promptly decided to come to Canada and seek help here. She entered Canada on XXXX XXXX of 2018 with the three minor children and shortly after arriving here filed a claim for refugee protection for herself and on their behalf as well.

DETERMINATION:

[12] After assessing all of the evidence before me madam I find that you have established on a balance of probabilities that you have a well founded fear of persecution in your country Barbados on the basis of your membership in a particular social group, that is on the basis of your gender and as a woman who fears abuse in Barbados from a partner.

[13] I find that you have established your identities that is your own and that of the minor claimant’ s on a balance of probabilities. I find as well that you’ve established the credibility of your allegations on a balance, the well foundedness of your fear.

[14] I find that you’ve also provided a reasonable explanation for your delay in filing your claim here in Canada and that on a balance operational adequate state protection would not be forthcoming to you nor that there would be a viable internal flight alternative for you in Barbados.

[15] I’m going to turn to my analysis now. First with respect to your personal identities I note madam that you did provide your original passports both for yourself and the minor claimants and I have certified true copies of them before me in Exhibit 1.

[16] I note that all of the passport copies before me indicate the dates of birth and country’s of citizenship, places of birth that you have alleged.

[17] I find therefore madam that you have discharged your onus of demonstrating your personal identities as per Section 106 of the Immigration and Refugee Protection Act and Rule 11 of the Refugee Protection Division rules. Accordingly I accept that all of you hold the identities that you allege.

[18] With respect to credibility, madam I found you to be today a very credible witness. You were very straightforward, sincere, detailed, and heartfelt in the statements that you made. You were able to testify in a manner that was very consistent with the narrative that you provided of the events that occurred to you.

[19] You were consistent with the documentation in Exhibits 2.1 and Exhibit 4. I have insufficient reason to doubt the sincerity and truthfulness of your allegations of abuse at the hands of XXXX XXXX (ph) in Barbados.

[20] Accordingly I accept your allegations as truthful and in reaching that determination I’ve also been mindful of the documentation that you have provided and your explanation for the Jack of documentation from the police, I note that in Exhibit 6 through your counsel you provided a number of documents.

[21] You provided the Barbados police medical report, the original of which you gave tome today, you provided a copy of what’s app messages to XXXX XXXX who you dealt with in Barbados, you also provided a print out of recent calls from XXXX(ph), contact information, you provided a number of letters of support from individuals who know about the problems that you’ve endured with XXXX(ph), you also provided a consent letter from XXXX XXXX for the purposes of your travel.

[22] I note as well that there is a XXXX assessment from XXXX XXXX that I’ve also bore in mind in assessing your evidence today.

[23] I’ve also madam been mindful of and been guided by chair person’ s Guideline 4 on women fearing gender persecution in their country of origin and I’ve also been mindful of counsel’s outline in her application regarding the, your emotional state and the XXXX symptoms that you are experiencing.

[24] I find madam that you have established through your evidence and testimony today the credibility of your allegations and accept them as credible on a balance.

[25] With respect to the delay in filing your claim here in Canada, I did ask you questions today about whether or not you were aware that you could file a claim for protection upon arrival. I note that you indicated that you weren’t aware that you could qualify as a refugee claimant and therefore you were guided by a friend who gave you some advice and told you to seek legal assistance and contact a shelter.

[26] You described the steps that you took in detail that you contacted XXXX(ph) house, that you needed to apply for legal aid, seek legal assistance, I’ve bore in mind your particular circumstances and also have taken into account the fact that you were here on a valid visa, a valid visitor’s stay when you were seeking legal advice.

[27] Therefore I find that the delay of approximately a month or two in filing your claim here in Canada is not indicative of a lack of subjective fear. I accept your statements as reasonable and therefore draw no negative inference from the delay which was a rather short one.

[28] In terms of the well foundedness of your fear, I note that the documentary evidence in particular Item 5.5 indicates that domestic violence continues to be a major problem in Barbados.

[29] There was a, so Item 5.5 is indexed as BRB105717.E its dated March 3rd of 2017 and it’s includes a survey of six hundred people in Barbados on behalf of Unicef s office for the Eastern Caribbean area and it noted that seventy six percent of respondents indicated that they thought domestic violence remained to be a major problem in Barbados.

[30] Thirty six percent of respondents had someone close to them experience domestic violence by a spouse or partner. According to Freedom House violence against women remains widespread despite domestic violence laws in the country.

[31] Moreover it similarly states that the violence, that violence and abuse against women continue to be a significant social problem.

[32] A 2016 report by Inter American Developmental Bank entitled crime and violence in Barbados states that the recording of statistics related to violence in the home in Barbados is severely limited.

[33] It goes on to state that information collection on domestic violence is inadequate due to under reporting, under documentation, administrative incapacity and a lack of a appreciation for the use of statistics and the policy formulation and monitoring cycle.

[34] The Barbados government information service GIS further quotes the acting director of the Bureau of Gender Affairs as stating that the true incidents of domestic violence in Barbados is unknown since it is a crime that is seldom reported.

[35] I will proceed to discuss in further the legislation and the applicability of the legislation under my state protection analysis but I would note that this document does go on to describe incidents of domestic violence, the prevalence of it in the country and therefore madam I find that your fear is, is a well founded one.

[37] In particular with respect to the issue of state protection, I note that Item 2.1 the US Department of State report indicates that there is legislation in place to deal with domestic violence and incidents of rape and maltreatment of partners in Barbados.

[38] I note that Item 2.1 states that the law prohibits domestic violence and provides protection to all members of the family including men and children.

[40] The law applies equally to marriages and to common law relationships. The law empowers police to make an arrest after receiving a complaint, visiting the premises and having some assurance that a crime was committed and police made numerous arrests for domestic violence, penalties depend on the severity of the charges and range from a fine for first time offenders unless the injury is serious up to the death penalty for cases resulting in death of a victim.

[41] It states that victims may request restraining orders which the courts often issue. The courts may sentence an offender to jail for breaching such an order. Violence…nevertheless it does go on to state that violence and abuse against women continue to be significant social problems. Police have a victim support unit but reports indicated the services provided were inadequate.

[42] The same DOS report does state that there were public and private counselling services for victims of domestic violence, rape and child abuse. The government provided funding for a shelter for women who had faced violence, the shelter also served victims of human trafficking and other forms of gender based violence.

[43] In making its assessment the panel must assess whether or not the state protection in Barbados is operationally adequate. It is not enough to just look at efforts that are being made. The panel must assess whether or not there is an operationally adequate level of protection for you in your country.

[44] The panel notes that you described in your narrative in detail and again today in testimony the interactions that you had with the police. I note that your statements today were very consistent with the statements you made in your basis of claim form narratives.

[45] You state that in your interactions with the police the response was not fruitful. You state that in the last incident that you had a male and female police officer come to you and suggest that you throw a pot of boiling water on the agent of persecution as a solution.

[46] You also state that in your dialogue with a police officer about a restraining order they indicated to you that they would get back to you and nothing further came of it.

[47] You described as well seeking that charges be pressed against XXXX(ph) in the fall of 2017 and that the police escorted you and him in the same police vehicle wherein he was verbally accosting you for charging him, the matter did go to court, however nothing came of it even though you followed up and tried and did appear at the court.

[48] You stated today that you sought assistance from three different police stations that you’d gone to the police if you were to estimate more than twenty times, that you tried to call them and seek help from them over a period of a number of years.

[49] The panel has bore this in mind in reviewing Item 5.5 which is a detailed summary of what is happening on the ground with police efforts in Barbados. I’m going to read out what I have noted from this document.

[50] It states that in Item 5.5 that the IDP report notes that there has recently been an attempt to improve the inadequacies of data collection on domestic violence. Through the creation of a family conflict intervention unit designed to respond to and record more detailed information on domestic violence.

[51] The same source adds that the unit was established by the police force in June 2013 and that as a result detailed data on domestic violence is limited only to cases reported from June 2013 onwards. It goes on to state that there were two hundred and twenty cases of domestic abuse reported to the Family Conflict Intervention Unit.

[52] In November 2016 a Barbadian newspaper The Daily Nation reported that incidents of domestic violence are on the rise noting the police logged four hundred and thirty five reports of domestic violence cases between January 1st and October 31st 2016, a slight increase over four hundred and twenty nine cases reported in 2015.

[53] The same RIR indicates that there is legislation in place to address marital rape and domestic violence. There are also amendments to the domestic violence protection orders act that was introduced in 2016.

[54] I note that this item is also, this legislation is also made, there’s a reference made to it in Item 5.6 before the panel.

[55] The…under the state protection and police segment of this item the panel notes that the following is stated. It adds that victims may request restraining orders which the court often issued and the courts may sentence an offender to jail for breaching such an order.

[56] According to the IDP report there is no government run shelter in Barbados for victims of domestic violence.

[57] However sources note that the government provided a subvention to the Business and Professionals Women’s Club of Barbados to run a shelter for abused women which is the only shelter available to abused women in Barbados. According to the IDP report the Barbados government is the shelter’s main source of funding.

[58] With respect to the police according to Freedom House, police responsiveness is often slow and inadequate in cases of violence against women. Country reports 2015 similarly states that there are several reports that police did not responds promptly or adequately to complaints of sexual assault and domestic violence.

[59] Barbados today reports that police are reluctant to respond to cases of domestic violence. It indicates that there is a victim support unit within the police force.

[60] According to the same source this unit consists of civilian volunteers and offers assistance primarily to female victims of violent crimes but reports indicated services provided were inadequate.

[61] Sources also note the existence of a police family conflict unit. The IDP report explains that this unit was established due to a perceived need to sensitize officers responding to family and domestic violence cases. It reported that police were receiving training on domestic violence.

[62] With respect to support services there is reference to shelters that offer psychological counsellors, intervention services. Of note is that at the final page of this report it states that there was a crisis center and twenty four hour hotline established as a conduit for the shelter for battered women.

[63] However the same source states that the walk in crisis center was closed in October 2014 due to a reduction in fonds. There is a service alliance, violent encounters, a non profit organization.

[64] According to the information before the panel this foundation records and monitors incidents of domestic violence and provides free counselling and legal advice, operates a hotline and tries to raise awareness.

[65] After assessing all of this information madam and taking into consideration your own personal interaction with the police and authorities in Barbados.

[66] The panel finds that you testimony which is found to be credible in combination with the information that we have on the adequacy of the enforcement services in Barbados leads the panel to determine that you have in your circumstance discharged the onus of demonstrating with clear and convincing evidence that operationally adequate state protection would not be forthcoming to you.

[67] In reaching this determination the panel is mindful of the added services that may be present in Barbados. However it is clear that there is an ongoing lack of effectiveness in terms of the services provided by the police in Barbados.

[68] The panel notes that the reports are consistent with one another in Item 2.1 and Item 5.5 and others that while there are efforts being made the services provided are deemed to be inadequate from the police and that there isn’t always responsiveness on their part.

[69] Taking this into consideration madam with your own personal interactions with the police I find that you have discharged the onus of demonstrating that operational adequate state protection would not be forthcoming to you in Barbados.

[70] With respect to an internal flight alternative, I have bore in statement madam your, bore in mind your statement that you know that Barbados is small and that you’ve lived in a different, that you’ve lived in different locations and tried to seek protection from different police stations.

[71] I note that according to Item 1.3 of the national documentation package Barbados is a very small country. The square kilometers are four hundred and thirty in total. The population is estimated at less than three hundred thousand people as of July 2018.

[72] Given madam the small size of the country and the ongoing threats being issued to you through various people from XXXX(ph) which demonstrate a clear continued interest and determination to find you, his threat that he will locate you and kill you if you were to return to Barbados.

[73] I find that you have demonstrated that there would not be a viable internal flight alternative for you that would be safe in Barbados given the small size of the country making it very easy for XXXX(ph) to locate you should you try to relocate throughout the country and his past efforts and abilities to continually find you, harass you and abuse you on an ongoing basis.

[74] In conclusion I find madam that you have demonstrated that you have established your evidence on a balance of probabilities. I note that you have indicated that your children have also been abused and threatened by him. I find therefore that you have established a well founded fear of persecution on your own behalf but also on their part.

[75] I finally note as well that you have met the onus of demonstrating that you meet the definition of a Convention refugee.

[76] That you have established the components of Section 96 and established that there is a serious possibility of persecution for you on the basis of your membership in a particular social group that is on the basis of your gender and as a woman who is fearful of domestic violence, for your children as members of your family as well.

[77] I therefore find madam that you are all Convention refugees and I accept your claims.

[78] Thank you. We are concluded.

———- REASONS CONCLUDED ———-

All Countries Barbados

2019 RLLR 136

Citation: 2019 RLLR 136
Tribunal: Refugee Protection Division
Date of Decision: September 12, 2019
Panel: Melinda Gayda
Counsel for the Claimant(s): Adrienne Smith
Country: Barbados
RPD Number: TB8-24140
ATIP Number: A-2021-00256
ATIP Pages: 0000106-000111

DECISION

[1] MEMBER: This is the decision in the claim for refugee protection of [XXX]. The file number is TB8-24140.

CLAIMANT

[2] The claimant asked the Member for letting her sister into le hearing room

MEMBER:

[3] Yes, absolutely. The counsel’s going st- ask your sister to come in.

CLAIMANT:

[4] Thank you.

[5] MEMBER: She can be the support person for you. I know it’s a, it’s a big day and it’s a big decision.

[6] So, you are claiming to be a citizen of Barbados and are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act (IRPA).

[7] I’ve considered your testimony and the other evidence in your claim. And I’m giving you my decision orally. And that is to accept your claim. In assessing your claim, I have applied the Chairperson’s Guidelines. Guideline 9 on sexual orientation and gender identity and expression. I find that you are a convention refugee pursuant to Section 96 of the Act on the grounds of your membership in a particular social group as a bi-sexual woman. I find that you would face a serious possibility of persecution in the future if you returned to Barbados.

[8] Your allegations are set out in detail in your Basis of Claim form. In summary you allege a fear of acts of violence, harassment and hostility as well as pervasive discrimination from the community because of your sexual orientation in, as a bi-sexual woman in the Bahamas, I’m sorry, in Barbados. You allege that if you return to Barbados, you will face stigma, social exclusion and discrimination in many aspects of life and from the community. And this would include verbal insults and possible physical violence. That you could not live openly and freely as a bi-sexual woman in Barbados without experiencing this kind of harassment threats and discrimination.

[9] You allege that the state authorities such as the police are also homophobic and could not be depended upon to offer you protection in situations where you may be threatened with or experience violence on account of your sexual orientation. And you say that there’s no safe place for you to live anywhere in Barbados.

[10] Your identity. I find that your personal and national identity as a citizen of Barbados has been established on a balance of probabilities by your testimony as well as the supporting documentation filed in Exhibit I. Mainly the certified true copy of your Barbadian passport that was seized by the Immigration Refugee Citizenship Canada officers, when you started your refugee claim.

[11] The nexus in this case, the link between what you fear and the refugee convention is your membership in a particular social group as a bi-sexual woman. Therefore, I’ve accessed, assessed your claim under Section 96.

[12] Moving on to your credibility. In terms of your general credibility, I found you to be a credible witness. Your testimony was straight forward and consistent with your Basis of Claim form and other forms. And there were no inconsistencies or omissions that were relevant or went to the core of your claim. You provided spontaneous details of how you came to understand that you were attracted to women. And that you are, and that you came to the understanding that you were bi-sexual. You also provided details of your past same sex relationships and the discriminatory and threatening incidents that you experienced m Barbados. These were details that I would expect of someone who had lived the experiences described.

[13] For someone as yourself who has grown up in a society such as Barbados wh-,which is the country evidence tells us that being on the LGBT spectrum there is treated with scorn and ridicule and given the strong influence of religion in a small country, being LGBT is often viewed as being sinful. I found your testimony to be credible. You testified without any obvious embellishment and in a fluid immediate way. You also provided corroborating documentation about your sexual orientation. Letters from your friends who knew of your sexual orientation at this moment now in Canada as well as tho-, as well as those who knew you in Barbados as being bi-sexual and for having experienced problems there because of it.

[14] You also provided, provided letters from your sisters, one sister in Canada who identifies as a lesbian and whose refugee claim was accepted in 2014. And a letter from a sister in Barbados who provided details about your family situation and learning about your sexual orientation and how she has seen the change in you on her visit to Canada. And she’s noted that you were no longer having to hide who you are. And she sees you now as someone who is confident and comfortable with herself.

[15] You also provided a letter from the youth resource worker at Supporting Our Youth, S-O-Y, SOY that provides the Black Queer Youth program, which you are attending. You also provided photographs of you with past girlfriends in Barbados and you spoke knowledgably and credibly about the circumstances of these photos and your feelings for these women. How it was when you dated them and why you broke up with them.

[16] You responded with reasonable explanations and plausible details to my questions for you about these corroborating documents. And as I’ve mentioned these documents go to the core aspects of your claim namely your identification as a bi-sexual woman and the fact that you’ve lived in and been in same sex relationships in the past.

[17] Your sister [XXX] was here and she is here and was willing to testify as a witness on your behalf. However, given your credible testimony and other corroborating evidence, I did not, I determined I didn’t need to hear from her, as I found that you’ve established your core allegations on a balance of probabilities.

[18] I believe you, that you’ve been attracted to both men and women in the past. And you’ve had intimate relationships with both. I believe that the incident that, what you’ve described as incidents of past harassment, threatened violence and discrimination and you’ve experienced that due to your bi-sexuality and the perception of others in the Barbadian community that you are a bi-sexual.

[19] You testified that you would like to, bl-, live openly and freely and be free to date both men and women in the future. And that for you it depends on the personality of the person that you meet. Therefore, I find you’ve established your core allegations of being a bi-sexual woman and fearing persecution in the future in Barbados.

[20] Moving to subjective fear. I’ve considered that and I find that you’ve established that you’re subjectively fearful of returning to Barbados. Prior to your recent arrival in Canada on [XXX] 2018 and claiming refugee status shortly thereafter, you visited Canada in [XXX] 2017 for approximately 2-3 weeks. And you had came, you came on that trip with your mother, sister and your sister’s friend to visit your sister in Canada, [XXX]. Who now resides here since her refugee claim was accepted in 2014. And then you returned to Barbados on [XXX], 2017.

[21] I asked you why you returned to Barbados at that time, knowing how you’d had to live there hiding your sexual orientation and knowing how society treated people who were on the LGBT spectrum. And why you didn’t make a refugee claim in Canada when you were here for that first time. You responded that you had travelled with your mother and she was very controlling, protective and strict. You didn’t want to upset her by staying in Canada and you believed that she would possibly blame your sister here, if you remained in Canada.

[22] You described that your sister’s relationship with your mother was already fairly fragile due to your mother learning that she was a lesbian. And you didn’t want to come out to your mother as you knew that she had already suspected you were gay and had said in the past that she couldn’t deal with having two gay children. This testimony, testimony was consistent with your Basis of Claim form.

[23] You testified that you went back to Barbados at that time and then you actually slipped into depression again and you didn’t feel like you were supposed to be living there anymore. You dated a man who was physically violent with you, when he learned that you had dated girls in high school and had been outed by classmates for being gay. He told you that he didn’t want to be known as a guy who dated a girl who had dated girls. You spoke with your sister in the spring of 2018 and she encouraged you to come to Canada to be safe and free and make a refugee claim. She offered her financial support for you to make the journey and have a place to stay here. So, you came here in [XXX] 2018 and shortly, and shortly thereafter made your refugee claim.

[24] I have found your cresti-, testimony to be credible and you returned for, to Barbados from your first visit to Canada before your subsequent return back to Canada to file your refugee claim has been reasonably explained. Therefore, I find you have a subjective, a well-founded subjective fear of persecution in Barbados.

[25] Moving to the objective basis of your risk of persecution. According to the documentary evidence in the National Documentation Package, Exhibit 3, LGBT persons in Barbados face widespread and social stigma, bullying, discrimination, harassment and at times violence. Particularly within their own families. The Item 2.1 is the United States Depart of States report on human rights practices in Barbados. And for the year 2018, it notes that the law criminalizes consensual same sexual activity in Barbados between adults with penalties up to life imprisonment. And there were not reports though of the law being enforced during the year.

[26] The law in Barbados does not prohibit discrimination against a person based on real or perceived sexual orientation or gender identity in areas such as employment, housing, education or health care. Civil society groups reported that LGBT persons faced discrimination in these areas in Barbados and that police disapproval and societal discrimination against LGBT persons made them more vulnerable to threats, crime and destruction of property.

[27] Now, the Federal Court has held and it’s set out in the SOGIE guidelines, in particular, paragraph 8.5.1.1, that being forced to conceal ones sexual orientation to avoid harm is, is itself persecutory as it constitutes a serious interference with a fundamental human right. Many LGBT persons in Barbados are unfortunately forced to conceal their sexual orientation to avoid societal discrimination, widested-, widespread stigma, bullying and harassment, as well at times violence. I find that you would, you, that if you were forced to do this as well, that such expectation interferes with your fundamental human rights. Therefore, I find your allegations to be objectively well-founded.

[28] Moving to state protection. I find that you have rebutted the presumption of state protection with clear and convincing evidence, that adequate state protection would not be available to you were you to seek it in Barbados. You testified that in your view, based on what you had heard in the media and from others in the community that the police were very homophobic in Barbados and that they have a reputation for turning a blind eye when gay people need help.

[29] The objective documentary evidence in our National Documentation Package at Item 6.1 a response to information request. Indicates that most members of the LGBT community do not report matters to the police out of fear of negative repercussions or facing ridicule and that LGBT individuals in Barbados have faced condemnation by police officers. And a UN report from 6 years ago as noted in that RIR, response to information request from 2012, noting that police were denounced as discriminatory by, in this UN report, in their treatment of victims who are from the LGBT community. In Barbados as I’ve already noted, same sex relations continue to be criminalized and while not prosecutions appear to have occurred under the law for quite a number of years, I find that having such a law further legitim- legitimizes discriminatory and oppressive treatment towards LGBT individuals.

[30] Also, there’s some documentary evidence that indicates the state of Barbados does not have laws in place that prohibit this, that prohibit discrimination on the basis of sexual orientation. That’s found in Item 2.1, page 9, as well as Item 6.2 a report entitled Criminalization of Homosexuality a report from March 2019 page 4. It is reported that it is common for LGBT persons to face discrimination in housing and employment. Therefore, I find the state fuels and allows discrimination to be accepted by such laws that criminalizes same sex, she-, same sex activity as well not having laws in place to prohibit discrimination on the basis of one’s sexual orientation.

[31] Your experiences in Barbados are consistent with this evidence. You faced homophobic remarks from a past, past employer and also bullying and threatening behaviour from other students while attending school. You felt you could not go to the school administration because you were fearful they would tell your parents but also because the school admiss-, administration you did not feel would, would offer you any assistance. This is found in the documentary evidence that there’s no human rights or anti-discrimin-, discrimination laws or processes in place that you could have turned to. You felt demeaned and that you had to hide who you were to be safe and not face harm.

[32] In light of this evidence, I find you’ve rebutted the presumption of state protection based on your personal circumstances as well as the objective country documentation. I find that adequate state protection would not be available to you in Barbados. I’ve considered whether a viable internal flight alternative exists for you in Barbados. Barbados is a very small country and there’s no evidence that the societal, discriminatory and homophobic attitudes are localized or that there would be any place where you could live openly and safely as a bisexual woman without experiencing such discrimination.

[33] You testified about the problems you face and that moreover that the law criminalizing same sex relations is one that applies to the entire country. And it’s a way that the state as I’ve said perpetuates the stigma and hostility of the public towards LGBT individuals. I therefore find that there’s no viable internal flight alternative to you in Barbados.

CONCLUSION

[34] So, in conclusion and based on the totality of the evidence, I conclude that you are a Convention refugee pursuant to Section 96 if the Act and I therefore, accept your claim.

[35] CLAIMANT: Thank you

[36] MEMBER: Thank you. We are concluded.