Citation: 2022 RLLR 79
Tribunal: Refugee Protection Division
Date of Decision: June 13, 2022
Panel: Kim Bugby
Counsel for the Claimant(s): Steven Beiles
Country: Iran
RPD Number: TC1-18349
Associated RPD Number(s): N/A
ATIP Number: A-2022-01960
ATIP Pages: N/A
DECISION
[1] MEMBER: All right. So, we are just back from a break, and I am going to read the decision for TC1-18439.
[2] I have considered your testimony and the other evidence in the case, and I am ready to render my decision orally.
[3] These are the reasons for the decision in the claim of XXXX XXXX XXXX who claims to be a citizen of Iran and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act. In rendering my decision, I have considered and applied the Immigration and Refugee Board‘s Chairperson’s Guideline 9, proceedings before the IRB involving sexual orientation and gender identity and expression.
[4] Your allegations are fully set out in your Basis of Claim. In summary, you fear persecution at the hands of the state and society due to your sexual orientation.
[5] For the following reasons, I find that you are a refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
[6] I find that your identity as a national of Iran is established by submission of your passport and other identity documents.
[7] I note that you delayed approximately eight (8) months before claiming refugee protection in Canada. However, you indicate that you had intended to study and work in Canada as a means to apply for permanent status through the immigration process. When you learned from your parents that you were being monitored and sought by the state after you left Iran, you filed a claim for refugee protection. This explanation seems reasonable in your alleged circumstances and therefore does not raise significant concerns with respect to subjective fear or credibility.
[8] I find you to be a credible witness and therefore believe what you alleged in support of your claim. There were no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me. You testified in a straightforward manner regarding your sexual orientation and your experiences in Iran as a result. You also spoke of your new relationship in Canada and your feeling of safety in Canada.
[9] In particular, the following evidence establishes your allegations as set out above. Letters of support from your parents substantiating the core allegations of the claim, social media posts substantiating your opinion as it relates to the — to sexual orientation, photos and text messages substantiating your new relationship, letter of support from your best friend substantiating your allegations, and documents substantiating your 519 membership and volunteer work. After reviewing the documents, I have no reason to doubt their authenticity.
[10] 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, excuse me, have established a prospective risk of arbitrary arrest, detention, or other serious harm in Iran.
[11] The risk is corroborated by the following documents. 2.1 and 6.6 both indicate that the law criminalizes consensual same-sex sexual activity which is punishable by death and flogging. 6.6 rather further indicates that Iran security forces rely on discriminatory laws to harass, arrest, and detain those they suspect of being lesbian, gay, and bisexual. LGBTI persons face a variety of abuse by government authorities, including beatings, verbal assaults, rape, sexual assault, and torture. In general, Iranian society does not accept LGBTI persons. Many find themselves subject to familial violence, societal discrimination, abuse, harassment and in some cases, physical attacks. Lesbians, in particular, were vulnerable to honour killings and abandonment by their families. There are no criminal justice mechanisms to prosecute those accused of hate crimes against members of the LGBTI community. In general, LGBTI persons who openly express their sexual orientation or gender identity or expression are likely to face discrimination, ill treatment, and prosecution from state actors as well as discrimination and ill treatment from societal actors.
[12] Sorry. 6.1 notes that in present day, Iran, lesbian, gay, bisexual, and transgender individuals suffer from human rights violations and are denied the basic freedom of being who they are. Now, the government relying on an official religious stance refuses to tolerate any nonconforming sexual conduct or gender expression.
[13] 6.2 notes that in Islam generally, homosexuality is among the worst possible sins you can imagine.
[14] 6.3 indicates that no progress has been made towards the recognition of LGBTQ people’s rights under Iranian law. And there is no evidence that positive legal developments are on the horizon.
[15] 6.4 notes that in addition to the restrictions on their rights as women, lesbians in Iran face further restrictions due to the criminalization of same-sex conduct along with widespread societal intolerance. This double discrimination contributes significantly to the abuses that they face.
[16] The objective evidence clearly establishes that the treatment of the LGBTI community by Iranian officials and society amounts to persecution.
[17] I have examined your claim under section 96 of the Immigration and Refugee Protection Act as I conclude that the risk you describe constitutes persecution based on at least one (1) of the grounds prescribed in section 96, specifically your membership in a particular social group, that being lesbian women.
[18] I find that there is clear and convincing evidence before me that the state is unwilling to provide you with adequate protection. The agent of persecution in this case is the state.
[19] And the objective evidence indicates at 6.4 that the combination of homophobic laws and anti-LGBTQI attitudes by many law enforcement agents have made it extremely difficult if not impossible for Iranian lesbians who have been subjected to discrimination and abuse to seek justice.
[20] I have also examined whether a viable internal flight alternative exists for you. Based on the evidence on file, I find that you face a serious possibility of persecution throughout Iran. Again, the agent of persecution is the state. And the documents indicate that conditions are similar throughout the country.
[21] In light of the preceding, I conclude that you are a refugee pursuant to section 96 of the Immigration and Refugee Protection Act. And accordingly, I accept your claim.
——— REASONS CONCLUDED ———