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2019 RLLR 198

Citation: 2019 RLLR 198
Tribunal: Refugee Protection Division
Date of Decision: February 27, 2019
Panel: Ethan McMonagle
Counsel for the Claimant(s): Me Nicholas Hersh
Country: Egypt
RPD Number: MB8-14792
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 001889-001892

REASONS FOR DECISION

INTRODUCTION

[1]       These are the reasons for the decision in the claim of XXXX XXXX XXXX XXXX XXXX XXXX who claims to be a citizen of Egypt, 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]       In rendering my reasons, I have considered the Chairperson’s Guidelines on Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression.

[4]       The claimant prefers to be referred to with the pronoun ‘they.’ I will hereinafter periodically refer to the claimant as ‘they.’

ALLEGATIONS

[5]       The claimant’s narrative is quite detailed. Briefly, the claimant alleges that they was born in Egypt and lived periodically in the Kingdom of Saudi Arabia. They is a citizen of Egypt and no other country. They considers themself to be transgender non-binary or third gender. They experienced ongoing discrimination and harassment throughout their life in Egypt as a result of their sexuality, even having been prescribed medication as a teenager to increase testosterone and ‘correct’ their problematic sexuality. They came to Canada as a student in XXXX 2013. In XXXX 2016, the claimant’s family exerted pressure on them to marry. The cumulative effect of the claimant’s negative experiences surrounding their sexuality caused the claimant to seek crisis intervention and medical attention on numerous occasions. The claimant made their claim for refugee protection on XXXX XXXX XXXX 2018.

DETERMINATION

[6]       I find that you are a Convention refugee as you have established a serious possibility of persecution should you return to Egypt based on the grounds in section 96.

ANALYSIS

Identity

[7]       I find that your identity as a national of Egypt is established by the documents provided, mainly your passport.

Nexus

[8]       I find that you have established a nexus to section 96 by reason of member of a particular social group, by way of your sexual orientation and gender identity and expression.

Credibility

[9]       Based on the documents in the file, I have noted no serious credibility issues. I note that this file is very well documented, including numerous medical and therapy reports, supporting letters and an Ontario driver’s licence wherein your gender is marked ‘X.’1 After reviewing the documents, I have no reasons to doubt their authenticity.

Objective basis of future risk

[10]  The fact that you face this risk is corroborated by the following document, contained in the National Documentation Package (NDP) for Egypt, June 29, 2018 version, tab 2.1. In particular, it notes that:

While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and provides for prison sentences if convicted of up to 10 years.

[11]     The report further notes that LGBTI individuals in Egypt have experienced arrest and harassment and in this particular case, this harm clearly amounts to persecution.

State protection and Internal Flight Alternative

[12]     Given the foregoing reference to country conditions in Egypt, coupled with your particular profile, I find that neither adequate state protection nor a viable internal flight alternative exists in Egypt for you.

CONCLUSION

[13]     Based on the analysis above, I conclude that you are a Convention refugee. Accordingly, I accept your claim.

(signed)           Ethan McMonagle

February 27, 2019