MA6-01843

MA6-01843

The claimant's insults, expulsion from home and disclosure by his wife do not amount to persecution on account of sexual orientation nor do they establish a risk of torture, death or cruel and unusual treatment under s.97(1); therefore the claim must be rejected.

Citation
MA6-01843
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2006
Procedural Posture
Refugee Protection / Decision of Refugee Protection Division
Outcome
Claim rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Sexual Orientation, Persecution, Domestic Dispute
Source Language
English
Immigration Refugee Law Convention Refugee Person in Need of Protection Sexual Orientation Persecution Domestic Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under s.97(1) of the IRPA
  3. 3 Whether treatment by the claimant's wife constituted persecution on account of sexual orientation

Ratio Decidendi

The claimant's insults, expulsion from home and disclosure by his wife do not amount to persecution on account of sexual orientation nor do they establish a risk of torture, death or cruel and unusual treatment under s.97(1); therefore the claim must be rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee or a person in need of protection.