2023 RLLR 91
Citation: 2023 RLLR 91
Tribunal: Refugee Protection Division
Date of Decision: May 19, 2023
Panel: Torwoli Dzuali
Counsel for the Claimant(s): Benjamin Brunot
Country: Iran
RPD Number: MC2-27510
Associated RPD Number(s): N/A
ATIP Number: A-2024-00593
ATIP Pages: N/A
DECISION
[1] MEMBER: This is the decision for XXXX XXXX, file number MC2-27510. The claimant is a citizen of Iran, claiming refugee protection in Canada pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act.
[2] In hearing and deciding your claim, I applied the Chairperson’s Guideline 9, on sexual orientation and gender identity and expression.
DECISION
[3] I find that you are a Convention refugee under section 96 of the Act, as you face a serious possibility of persecution in Iran related to the Convention ground of your membership in a particular social group (person). Accordingly, I accept your claim.
[4] So, I will now just go through the analysis then. You can relax, you can stand back and relax while I read through the analysis. Okay?
ALLEGATIONS
[5] Your detailed allegations are contained — sorry. In summary, you submit you are transgender and will be sentenced to lashes, forced surgeries, and possibly death if you return to Iran. You allege that you — when you told your family about your gender identity, they threatened to force you to undergo hormone boosters and conversion therapy to make you more masculine. You testified that you identify as transfeminine and plan to XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.
[6] You submit that in Iran, non-binary gender identities are not recognized, and that people are either identified as male or female based on their genitalia. As such, you allege that if you return to Iran, you will be forced to either live as a heterosexual male based on your sex at birth or forced to undergo feminization surgeries and live as a heterosexual woman. You testified that you are attracted to feminine people and that if you do transition to a woman, you would be forced into a relationship with a man because same-sex relations are against the law in Iran.
[7] You departed Iran to study in Canada on XXXX XXXX, 2017, and you filed for refugee protection on August 29th, 2022.
Identity
[8] Your identity as a national of Iran was established by certified copy of your Iranian passport.
Nature of Harm
[9] I find that the harm you face in Iran constitutes persecution that is linked to the Convention ground of your membership in a particular social group. Accordingly, your claim was assessed under section 96 of the Act.
Credibility
[10] Testimony provided under oath is presumed to be true unless there are valid reasons to doubt the claimant’s truthfulness. Overall, I found you to be a credible witness and believe the allegations in your claims. You testified in a straightforward manner, without any relevant inconsistencies or omissions in your testimony and the evidence before me. The testimony was detailed, and you were able to describe in depth your experiences of coming to terms with your gender identity and sexual orientation. You also testified in detail about the difficulties you have had with your family, and your fears of being forced to live a life that is untrue to your identity if you return to Iran.
[11] In light of your credible testimony, I find that you have an established on a balance of probabilities that you are a transgender person who faces a serious possibility of prosecution in Iran.
Objective Basis
[12] The objective evidence in the National Documentation Package for Iran at Tabs 2.1 and 6.1 to 6.12 supports your allegations about the treatment of sexual minorities in Iran. It is reported that sexual minorities face constant threats, insults, harassment, and abuse by both state and non-state actors. Iranian law criminalizes same-sex relations and gender-variant expression with penalties ranging from lashing to the death penalty. Due to the discriminatory laws, people often feel emboldened to perpetrate acts of violence and other abuses against members of the LGBTQ community. It is further reported that LGBTQ persons face a variety of abuses by government authorities, including beatings, verbal assaults, rape assaults, and torture.
[13] Considering the documentary — the objective evidence, I find that you have established on a balance of probabilities that your fear of persecution in Iran is objectively founded.
State Protection
[14] Considering that the state is an agent of harm, I find that it would be unreasonable for you to seek state protection in Iran. There are several reports in the NDP about police brutality against sexual minorities in Iran, and state authorities using discriminatory laws to carry out human rights abuses against the LGBTQ community. Accordingly, I find that the state — presumption of state protection is rebutted.
Internal Flight Alternative
[15] I considered whether you have a viable internal flight alternative in Iran. Again, the documentary evidence indicates that the treatment of sexual minorities is the same throughout the country, and additionally, that the laws against same-sex relations and gender expression would affect you anywhere you go in the country. Accordingly, I find that you do not have a viable internal flight alternative in Iran.
CONCLUSION
[16] So, having considered all the documentary evidence and your testimony, I conclude that you, XXXX XXXX, face a serious possibility of persecution under section 96 of the Immigration and Refugee Protection Act, related to the Convention ground of your membership in a particular social group. Accordingly, I find that you are a Convention refugee and I, therefore, accept your claim for refugee protection.
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