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2021 RLLR 31

Citation: 2021 RLLR 31
Tribunal: Refugee Protection Division
Date of Decision: September 28, 2021
Panel: David Young
Counsel for the Claimant(s): Michael F. Loebach
Country: Colombia
RPD Number: TB9-22083
Associated RPD Number(s):
ATIP Number: A-2022-00665
ATIP Pages: 000155-000157

DECISION

MEMBER:

[1]     I’ve reviewed the documents in this claim and asked the claimant some questions. I’m prepared to give my decision now.

[2]     The claimant, XXXX XXXX XXXX is making a claim against Colombia, seeking refugee protection pursuant to section 96 of the Immigration and Refugee Protection Act.

[3]     I find you are a convention refugee for the following reasons.

[4]     The allegations are set out in the claimant’s basis of claim form. They’re quite detailed and consistent throughout the narrative. They do not raise any credibility concerns that need to be addressed on what I considered to be the key issue here.

[5]     The allegations, as I see it, are on two parts. The first part is regarding gender identity. The second is regarding possible criminal targeting.

[6]     Based on the documents I’ve been supplied in, in support of the claim, I accept as credible the allegations regarding gender identity. This is, this is the (indiscernible) of the claim, this is sufficient for me to make a positive decision on.

[7]     So, I’ve not addressed the possible criminal targeting by paramilitaries because it is not necessary, and I, I make no finding on that aspect of the claim. As I said, it’s not necessary for me to, to.

[8]     The claimant’ s described his understanding of his, of his gender identity experiences. He lived as a result of that identity, and these are consistent with — as I said, internally consistent and consistent with country condition documents on Colombia. I have no reason to, to — I have no credibility concerns about, about those allegations.

[9]     The claimant submitted a passport. The passport is in the — includes the claimant’s (indiscernible) a former middle name. But I, I acknowledge that it is a passport issued to the claimant, and therefore it is sufficient to establish his identity and his, his Colombian nationality.

[10]   With regard to level of risk, this is covered in part by the claimant’s own evidence and by the, the country documents. I’m just going to refer briefly to a couple of documents that were submitted by counsel.

[11]   The first was an article contained in the 2019 package. It has one statement in particular that, that I find summarizes what, what I understand to be the situation in Colombia for the claimant and others generally situated. And it’s page 54, 55 of the country — first country condition document that speaks about the paradox between laws and practice.

[12]   The, the quote is that there is a strong — I’m going to be paraphrasing a little bit — there’s a strong legal framework, but in practice, practice it is rarely enforced. And that is my understanding from reviewing the country documents generally on, on this, this issue.

[13]   Other documents were included with the next country condition — the next package, which included country condition documents. These were all consistent and they point to, I think, persuasive evidence that you would be facing more than a mere possibility– a reasonable chance — there’s difference ways it’s phrased in the, in the, the, the jurisprudence. You would face a reasonable chance of persecution due to your gender identity.

[14]   Since gender identity is concluded in the Canadian law as coming within the parameters of the convention refugee decision — the — convention refugee definition as being a member of a particular social group.

[15]   The country documents also point to two other issues I have to address. And the first is state protection. Again, both your evidence, your statements and your narrative speak of your experiences trying to access state protection in Colombia, and the documents are consistent with that.

[16]   And, and, and I point out that your experience is part of a, a broader, a broader issue in the country. What you experienced is consistent with what happens in Colombia far too regularly, such that I would have to say that for you, there is not on, on a balance of probabilities state protection in Colombia at this time.

[17]   The laws that have been passed may eventually result in practices which could in the future mean that you would have state protection in Colombia, but I’m assessing the claim as things are now. So, as things are now, I do not find that you would have, have state protection in Colombia; would be afforded state protection in Colombia.

[18]   With regard to internal flight alternative, the problem for — that goes to, to a lack of state protection is cultural attitudes. And I, I do not see any evidence before me that there are places in Colombia you would live where the cultural attitudes would be different from what you’ve experienced or what the documents speak of. So, therefore I do not find that there is a reasonable internal flight alternative available to you in Colombia.

[19]   So, based on the reasons just given and on review of the evidence, I find you’re a convention refugee and I accept your claim.

———- REASONS CONCLUDED ———-