Citation: 2021 RLLR 11
Tribunal: Refugee Protection Division
Date of Decision: October 1, 2021
Panel: Osehise Odigie, Megan Kammerer, Andriy Rak
Counsel for the Claimant(s): Pablo A Irribarra Valdes
Country: Iran
RPD Number: VC1-04075
Associated RPD Number(s):
ATIP Number: A-2022-00665
ATIP Pages: 000034-000037
Decision
[1] MEMBER: So, we have had time to go through your documents and to review your hearing, and we have reached a positive decision. I would like to give you the option of how you want to hear my reasons for decision. Would you prefer that I read everything, and Mister Interpreter would summarize for you? Or would you prefer a line-by-line interpretation? Or would you also prefer that I read everything in English, and then you can confer at the end of the hearing with your counsel and interpreter?
[2] CLAIMANT: The last option, I agree with that one.
[3] MEMBER: So, I read everything out in English, and then when we are done, you confer with Mister Interpreter and your counsel, correct? Okay, so I will proceed to read the Panel’s reason for decisions today. So, this is a decision for the claimant, XXXX XXXX, who also goes by the name of XXXX (ph) XXXX XXXX You are claiming to be a citizen of Iran and claiming refugee protection, pursuant to s. 96 and 97(1) of the Immigration and Refugee Protection Act. You identify as a transgender man, and prefer the ‘he’, ‘him’ pronouns, as well as the male name, XXXX, rather than your legal first name, XXXX. Although your identity documentation reflects your birth as a female, your preferred pronouns will be used in this decision.
[4] In rendering in this decision, the Panel has applied the Chairperson’s Guidelines on sexual orientation and gender identity, and the Chairperson’s Guideline on women refugee claimants. The Panel has considered your testimony and other evidence in the case, and it is ready to render the decision orally.
Determination
[5] The Panel finds that you are a Conventional refugee, pursuant to s. 96 of the IRPA, as there exists a serious possibility of persecution, should you return to Iran, on account of your membership of a particular social group, specifically as a transgender man in Iran. You alleged that you are a citizen of Iran, you self-identify as a transgender. You were born female, however, you allege that you have never associated with being female, and that, at first, you identified as being transgender when you turned XXXX. You also stated that in your early years, in your teenage years, you were attracted to a girl who was older than you, and that was your first recollection of your friendship. And in middle school, you were taught religion and life, where you were taught that feelings for the same sex is haram, and punishable by death. You further alleged that your family was in denial about your agenda, and this made you feel very hot, and you stopped making eye contact with people in school, but the shaming and hostility never disappeared. You allege that you had to identify as a woman in order to obtain employment in Iran, and that you have also lost jobs because of your failure to adhere to gender norms. You state that you have been arrested twice, and you are not safe in Iran.
[6] You further allege that after graduation, you were determined on leaving Iran, and you immediately started studying English and taking the IELT’s courses. You started searching and applying to different colleges in Canada, and after getting admitted to XXXX College in XXXX of 2019, you applied for a study permit. And in XXXX of 2019, you were refused. In XXXX of 2020, you received your Canadian student visa. You allege that if you return to Iran, you would not be able to exercise your basic human rights, as you would not be able to live life as you want, or dress as you want. You fear you be stoned or killed in Iran. Your persona) identity as a citizen of Iran has been established by your testimony and the Iranian passport with Canadian visa. The Panel finds that on a balance of probabilities that your identity and country of reference have been established, and the Panel is satisfied of your identity and that you are a citizen of Iran. The Panel has also considered this claim under s. 96 of the IRPA. I will conclude that the risk you face constitutes persecution, based on at least one of the grounds prescribed in the Refugee Convention. Specifically, your membership in a particular social group as a transgender man in Iran.
[7] In terms of credibility, you gave your evidence in a clear and direct manner. At the hearing, you testified that you realize that you were different since you were a child but learned a lot about being a transgender male at XXXX, when you had a teammate who was transgender. You spoke about your experiences growing up in Iran and how you first realized that you were attracted to XXXX (ph), who you met at the university dormitory and became your roommate. You testified that you had a relationship with her for four years, and lived together at the dormitory, and later in a rented apartment. You testified to knowing a few other transgender people in your country, including your best friend, XXXX (ph). You further testified that you had to move away from the dormitory in order to prevent harm when XXXX was threatened. You testified that Iran issues trans certificate to individuals in certain circumstances. When asked if you attempted to procure one, you stated “No”, as that would require permission from your father, who did not like the idea of you cutting your hair and would not have agreed to permission to procure the certificate. You testified that since coming to Canada, you have been involved in the LGBTQ community, particularly with the 519 LGBTQ community, where you have participated in programs organized, and have been a part of resume writing workshop, and you further testified that you have started the process of gender reassignment by taking testosterone. You further stated that you feel free in Canada and do not feel at risk in Canada, as there is freedom for members of the LGBTQ community. You also submitted evidence to corroborate your claim. This includes letters of support from XXXX XXXX (ph), XXXX XXXX (ph), XXXX (ph) XXXX (ph), and XXXX (ph). You also included picture of LGBTQ physical activity program event by 519.
[8] There were no material inconsistencies or contradictions within your evidence that were not reasonably explained, or that undermined your credibility. Based on the presumption of truthfulness, your consistent testimony and the corroborative evidence provided by you in this claim, the Panel accepts you as transgender. The Panel finds that you have a well-founded fear of persecution, based on your sexual orientation as a transgender male. You were arrested twice when you were XXXX, and you father had to come and release you, and also in 2017, when you had to pay a bribe to be released. You were forced to hide your sexual orientation and your relationship with XXXX, and you took many precautions to keep your yourself out of harm’s way. The Panel therefore finds that your subjective fear is established by your credible testimony, and the Panel believes what you have alleged on a balance of probabilities. Given that there are no serious credibility issues with respect to your allegation, coupled with the consistent manner you have testified, as well as documentary evidence set out below, the Panel finds that you have established a prospective risk of being subjected to detention, imprisonment, or other actions, for charges related to your status as a transgender man in Iran.
[9] The allegation of risk is corroborated by the following document in the National Documentation Package, NDP for Iran, dated April of 2021. The objective evidence demonstrates that individuals who are transgender face treatment in Iran that amounts to persecution. NDP 6.6 states that a report produced by Outright Action International in October, 2016, titled, “Being Transgender in Iran” stated the following. “The Iranian government officially uses the term ‘gender identity disorder’ to describe trans people. Although the medicalization of issues related to gender identity has allowed for some legal recognition for members of the trans community, it has also reinforced the stigma rooted in the notion that trans individuals suffer from psychological and sexual disorder and require treatment to become ‘normal’. Since the state and many members of the medical community see being trans as a disease, they regard trans experience as a condition to be ‘cured’ through medical transitional processes such as hormone replacement, therapy, and surgery. Iranian law allows for the legal recognition of trans individuals’ gender identity; however, such recognition is only granted to individuals officially diagnosed with GID, and upon their successful completion of a long process of legal and medical transition. The government’s position has led some observers to conclude that Iran is progressive on trans rights. While there are positive aspects to the government’s policies, trans Iranians continue to face serious discrimination and abuse by both law and practice, and they are rarely treated as equal members of the society. Iranian law fails to recognize the gender identity of any individual who is not granted access, does not wish, or cannot afford to pursue the GCS. This deprives many of legal recognition and render them particularly vulnerable to harassment and discrimination.”
[10] NDP 6.5 further states, “As a result, trans individuals in Iran who do not wish to pursue medical transition processes, who cannot afford such processes, or who wish to pursue some forms of medical gender transition but not others, are wholly deprived of legal identity recognition and face severe barriers to maintaining and pursuing education, to accessing housing and employment, and to moving freely and safely through society. The law does not recognize such trans individuals, nor does it provide space or legal recognition for individuals who identify across or outside of the gender binary.” In this case, you testified that you were not able to pursue a medical transition process in Iran, because you were not able to obtain the consent of your father. You are thus prohibited from living openly as a transgendered person in Iran and are subject to risks set out above. On this basis, and as such, the Panel finds that there is a serious possibility of persecution, should you be returned to Iran. The Panel therefore finds that you have established, on a balance of probabilities, a subjective fear of persecution in Iran due to your membership to a particular social group, namely as a transgendered man in Iran. In this case, in terms of state protection, the agents of the persecution is the state, as the persecution you will face, should you return to Iran, is at the hands of the authorities. This is evidenced in your past encounters with the police, twice at 16, and also in 2017. Accordingly, the Panel finds that there is no state protection for you.
[11] The Panel also has considered whether there is a viable internal flight alternative for you. On the evidence before the Panel and given that the agent of persecution is the state, and the state has effective control over the entire country, the Panel finds that there is a serious possibility of persecution throughout Iran, and the Panel finds that there is no viable internal flight alternative for you in Iran.
[12] In conclusion, based on the totality of evidence, including your narrative, the testimony, and supporting documents, the Panel finds you to be a Conventional refugee and therefore accepts your claim. Thank you very much. Carrie (ph), any words from you?
[13] UNIDENTIFIED SPEAKER: That concludes our hearing here today. I want to thank you very much for participating in this hearing, and I want to welcome you to Canada. So, what we are going to do now is we are going to stop the recording, and then we will disconnect the proceedings.
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