Citation: 2020 RLLR 16
Tribunal: Refugee Protection Division
Date of Decision: January 6, 2020
Panel: Jiyoung Kim
Counsel for the Claimant(s): Ashley Erin Fisch
Country: Turkey
RPD Number: TB8-24280
ATIP Number: A-2021-00540
ATIP Pages: 000107-0000110
DECISION
[1] MEMBER: This is a decision for the claimant [XXX], file number TB8-24280. I have considered your testimony and other evidence in the case and I’m ready to render my decision orally.
[2] You are claiming to be a citizen of Turkey and are claiming refugee protection pursuant to Section 96 and 97(1) of the Immigration and Refugee Protection Act.
[3] I find that you are a Convention refugee for the following reasons.
[4] For making this decision and in formulating questions for the hearing, I considered Chairperson’s Guideline 9 with regard to proceedings before the Immigration and Refuge-, Immigration and Refugee Board involving claims of sexual orientation and gender identity and expression.
[5] You alleged the following. That you are a citizen of Turkey and that if you were to return, you will face persecution as a member in a particular social group which is your gender identity and sexual orientation. You alleged that there is no stat-, state protection for you or an internal flight alternative.
[6] Your personal identity as a citizen of Turkey has been established by your oral testimony and supporting documents, including your passport and the national identification card. I find that, on the balance of probabilities, that identity and country of reference have been established.
[7] I find that there is a link between your-, what you fear and one of the five Convention grounds, specifically particular social group, namely your gender identity. Therefore, I assessed your claim under Section 96.
[8] In terms of your general credibility, I have found you to be a credible witness and I therefore believe what you have alleged in your oral testimony and in your Basis of Claim form. Your testimony was straightforward and was largely in keeping with your Basis of Claim form. And there are no significant inconsistencies or omissions that went to the heart of the claim.
[9] I therefore find the following to be credible. That you are a num-, queer non-binary person facing persecution in Turkey due to your gender identity and sexual orientation. Your oral testimony today included details regarding your aware-, awareness that you were different from other people. And then discovering and exploring the label for your gender identity.
[10] You also provided details regarding your relationships with women and non-binary people in Turkey and in Canada. And the everyday discrimination and physical and psychological violence you’ve faced from the society in Turkey. You also provided details about your involvement with the LGBTQ+ organizations in Turkey and in Canada, such as being the [XXX] of the student group in Turkey. And the virus-, vari-, various involvement with groups in Toronto like the [XXX] and the [XXX].
[11] You also provided documents in support of your testimony, that you are a queer non-binary person who has been active in LGBTQ+ communities in Turkey and in Canada. And a person who experienced violence and discriminations in Turkey. Those documents include letters of support from your friends in Turkey and in Toronto who have the knowledge of violent incidents you faced. As well as your active involvement and advocacy work for your communities. As well as letters of support from your roommates, former partner and current partner.
[12] You’ve also submitted letters from different LGBTQ+ focus organizations in Toronto and in Turkey, including the 519 and Supporting Our Youths, to name a few. You’ve also submitted Facebook messages and posts.
[13] Your testimony and the supporting documentation all establish that you are a queer non-binary person who has been experiencing violence in Turkey due to their sexual orientation and gender identity.
[14] The objective documentation supports your allegation that individuals in your circumstance face human rights abuse. Although there is no law that criminalize LGBTQ+ communities but the provisions of law on offense against public morality, protection of family and unnatural sexual behaviour are used as a basis for abuse according to National Documentation Package dated March 29th, 2019, Item 2.1.
[15] Bans on LGBTQ+ events by the State officials in recent years has demonstrated in-, and National Documentation Package, Item 2.7 show that the LGBTQ+ communities and their members face discrimination and violence bail-, based on their sexual orientation and gender identity. Information in both the National Documentation Package and the country condition package submitted by the counsel in Exhibit 6 all corroborate the heightened level of violence against the LGBTQ+ communities and their rights by the State authorities.
[16] In particular, the package provided inform-, package from the counsel provided information on the oppression on the student activists for LGBTQ+ rights, as well as the violence faced by transgender persons.
[17] I therefore find that you have a well-founded fear of persecution. I find that adequate state protection would not be available to you if you were to seek it in Turkey. You testified that you never sought state protection because the State will be unwilling to protect you. And because the police were also the ones harassing you and targeting you. This is corroborated by the objective documentern-, documentary evidence. The objective documentary evidence indicates that in National Documenta-, Documentation Package, Item 1.14, that the government is unable or unwilling to protect vulnerable LGBTQ+ people from violence and discrimination.
[18] Impunity for crimes against LGBTQ+ individuals continue to be reported as a problem. That according to NDP 21-, 2.1 there’s no state-, there’s no protection based on sexual orientation or gender identity on the criminal code. In light of the objective country documentation, I find that the claimant has rebutted the presumption of state protection.
[19] Based on your personal scan-, circumstances as well as the objective country documentation, I find that the adequate state protection will not be available to you as the State will be unwilling and unable to protect you in Turkey.
[20] As you have rebutted the presumption of state protection and since the country documentation indicates that the situation for individuals in circumstances suggests yours is the same throughout the country, I find that you do not have a viable internal flight alternative.
[21] Based on the totality of evidence, I find that you have established that there is a serious possibility of persecution on a Convention ground, namely your membership in a particular social group as a queer nonbinary person.
[22] I therefore find that you are a Convention refugee and I accept your claim.
———- REASONS CONCLUDED ———-