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———-