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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