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2019 RLLR 178

Citation: 2019 RLLR 178
Tribunal: Refugee Protection Division
Date of Decision: January 28, 2019
Panel: M. Moc
Counsel for the Claimant(s): Peter R. Neill
Country: Egypt
RPD Number: TB8-20297
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 000656-000662

REASONS FOR DECISION

[1]     These are the reasons for the decision in the claim of XXXX XXXX XXXX XXXX XXXX, also known as XXXX XXXX, who claims to be a citizen of Egypt and is seeking refugee protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act (IRPA).1

EXPEDITED DETERMINATION

[2]     Paragraph 170(f) of IRPA2 provides that the Refugee Protection Division (RPD) may allow a claim for refugee protection without a hearing, unless the Minister has notified the RPD of the Minister’s intention to intervene within the time limit set out in the Refugee Protection Division Rules.3 Further, subsection 162(2) of IRPA4 directs each Division to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.

[3]     The claimant’s case was identified as one that could be processed through the RPD’s expedited process for Egyptian claims. The RPD received the claimant’s signed Certificate of Readiness5 for the expedited process on January 8, 2019. Having carefully considered the evidence in this case, I find that it meets the criteria for expedited determination.

[4]     This case has therefore been decided without a hearing, according to the Policy on the Expedited Processing of Refugee Claims by the Refugee Protection Division.6

ALLEGATIONS

[5]     The following is a summary of the claimant’s allegations as outlined in the narrative to her Basis of Claim (BOC)7 form dated August 15, 2018, including a minor amendment8 dated December 4, 2018.

[6]     The claimant is a 22-year-old transgender woman who fears for her life on the basis of her gender identity and expression in Egypt. She describes growing up in Mansoura, a small conservative city in northern Egypt. As an adolescent, the claimant was not clear about her sexual orientation, thinking that she might be gay, but over time came to realize that she was a transgender woman. In 2016, she began to take hormones in order to transition fully.

[7]     The claimant was harassed and bullied at university and transferred schools. One evening, she was stopped by the police, sexually assaulted, and her property taken and cell phone records examined. When she resisted, she was threatened with arrest and gang rape. The claimant began to receive calls from the police supervisor, demanding that she have sex with him or suffer the consequences. She was then evicted from her residence and rejected by her family when she sought their help. Through Bedeya, an organization that assists LGBTQ individuals in Egypt, the claimant made contact with the Rainbow Railroad of Toronto, and left Egypt for Canada on XXXX XXXX XXXX 2018. She filed a claim for refugee protection inland on August 21, 2018 in Toronto.

[8]     The claimant fears persecution and harm at the hands of homophobic and transphobic persons on the basis of her gender identity in Egypt. She also alleges that the authorities are unable or unwilling to protect her, as a transgender woman, in Egypt.

DETERMINATION

[9]     The panel finds that the claimant is a Convention refugee under section 96 of IRPA for the following reasons.

ANALYSIS

Identity—personal and national

[10]   The claimant’s identity as a national of Egypt has been established, on a balance of probabilities, by a valid Arab Republic of Egypt passport9 that was seized by the referring IRCC (formerly CIC) office.

Identity—Sexual Orientation/Gender Identity and Expression (SOGIE)

[11]   The claimant has also established her identity as a transgender woman by way of her personal documentation, including but not limited to a letter from the claimant’s attending physician10 in Egypt and a psychological assessment conducted by a licensed psychologist in Toronto.11

Credibility

[12]   The panel has reviewed the claimant’s Basis of Claim (BOC),12 intake forms,13 GCMS notes by the Cairo visa post officer,14 and the claimant-specific documents disclosed by counsel,15 and has found the claimant to be credible regarding the central elements in this case – namely that she is a transgender woman who has previously been harassed and persecuted on the basis of her gender identity in Egypt.

[13]   In reviewing the National Documentation Package (NDP) for Egypt,16 the panel has found the claimant’s personal evidence to be consistent with the objective country conditions documents before it. As such, the panel finds that the claimant has established, on a balance of probabilities, her profile as a transgender woman who has been targeted by Egyptian officials and transphobic individuals because of her gender identity.

[14]   As gender identity falls within the membership of a particular social group category, and thus forms a basis for refugee claims, as per section 96 of IRPA, the test is whether there is a serious possibility of persecution should the claimant return to Egypt.

[15]   The panel finds, based on the evidence before it, that the claimant has met that test.

State protection

[16]   In order to establish a claim pursuant to section 96 of the IRPA, the claimant must rebut the presumption of state protection. The claimant did not seek protection from the authorities, as the state itself was the agent of persecution in this particular case, through its discriminatory legal and judicial apparatus when interacting with LGBTQ persons in Egypt.

[17]   The panel has before it country conditions documentation indicating that, even though same-sex relationships between consenting adults are not illegal, “the Law on the Combating of Prostitution, and the law against debauchery have been used liberally to imprison gay men in recent years.”17

[18] The panel notes the following:

Public morality is recognised by international law as grounds for limiting expression… [and] individuals who, through their sexual or gender expression, disrupt conservative binary gender models are especially vulnerable in Egypt, according to an activist who was based in Egypt through recent years. Through 2015 and 2016, widely publicised arrests continue. …

According to 76 Crimes, the largest reported number of arrests of LGBT people has been in Egypt, where a crackdown has been under way since 2013 as part of a larger government effort to arrest and harass political opponents, human rights defenders and journalists. In late-2016, LGBT community leaders estimate that as many as 500 LGBT people have been sent to prison.18

[19]   Country documentation further states that

[a]fter a coup resulted in a new government in late 2013, the Egyptian Initiative for Personal Rights (EIPR) began documenting increased arrests and harassment of people perceived to be gay or transgender by the public morals police, with at least 77 arrests taking place between October 2013 and May 2014. Arrests continue at similar rates— many of them stemming from police efforts to entrap gay men by using social media.19 [citations omitted] 

[20]   Country documentation confirms that LGBTQ persons continue to be targeted by Egyptian authorities through the state’s penal and legal apparatus. The panel finds that the objective documentary evidence before it supports the claimant’s allegations, and that she has provided clear and convincing evidence of the state’s inability to protect her as a transgender woman. As such, the claimant has rebutted the presumption of state protection should she return to Egypt.

[21]   In noting that the state itself is the agent of persecution in this particular case, the panel also finds that there is not an area of the country where the claimant would be able to reside and safely participate in the community, and as such there is no internal flight alternative available to the claimant anywhere in Egypt.

[22]   Given the documentary evidence before the panel, both personal and objective, the panel finds that there is a serious possibility that the claimant could face persecution on the basis of her gender identity should she return to Egypt, and that state protection would not reasonably be forthcoming to her anywhere in the country.

CONCLUSION

[23]   Based on the foregoing analysis, the panel has determined that the claimant has established that there is a serious possibility of persecution on a Convention ground as per section 96 of IRPA if she were to return to Egypt.

[24]   The panel therefore finds that the claimant is a Convention refugee and accepts the claim.

(signed)      M. MOC   

January 28, 2019

Immigration and Refugee Protection Act. S.C. 2001, c. 27, as amended.

2 Ibid., section 170(f).

Refugee Protection Division Rules (SOR/2012-256).

Immigration and Refugee Protection Act, S.C. 2001, c. 27, as amended, section 162(2).

5 Exhibit 7.

6 Policy on the Expedited Processing of Refugee Claims by the Refugee Protection Division, effective September 18, 2015.

7 Exhibit 2.

8 Exhibit 5.

9 Exhibit 1, package of information from the referring CBSA/CIC.

10 Ibid., see copies of documents seized.

11 Exhibit 4.

12 Exhibit 2.

13 Exhibit 1, package of information from the referring CBSA/CIC.

14 Ibid., see GCMS notes.

15 Exhibit 4.

16 Exhibit 3, National Documentation Package, Egypt, 29 June 2018.

17 Ibid., tab 6.1: Egypt. State-Sponsored Homophobia. A world survey of sexual orientation laws: criminalisation, protection and recognition. International Lesbian, Gay, Bisexual, Trans and Intersex Association. Aengus Carroll; Lucas Ramon Mendos. May 2017.

18 Ibid.

19 Ibid., tab 6.2: Egypt. Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions. Human Rights Watch. 12 July 2016.