TA5-11669

TA5-11669

Claim rejected because on balance of probabilities the claimant did not prove a well‑founded fear of persecution for a Convention ground nor a personal risk to life, torture or cruel and unusual treatment: Nigerian criminal provisions are infrequently enforced, Shari'a punishments are geographically limited, the claimant presented limited and inconsistent evidence and did not demonstrate ongoing state or credible non‑state threats.

Citation
TA5-11669
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Refugee Protection Officer; Minister's Counsel: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 July 2006
Procedural Posture
Refugee Protection Claim / Decision on Claim After Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and is not in need of protection.
Legal Topics
Convention Refugee, Section 96 IRPA, Section 97 IRPA, Persecution, Risk to Life, Torture, Credibility Assessment, Sexual Orientation
Source Language
English
Immigration Refugee Law Criminal Law Human Rights Foreign Law Administrative Law Convention Refugee Section 96 IRPA +6 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Refugee Protection Officer

Minister

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Decision on Claim After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on sexual orientation
  2. 2 Whether claimant faces persecution from state or non-state actors on a Convention ground
  3. 3 Whether claimant faces a risk to life, torture or cruel and unusual treatment on return

Ratio Decidendi

Claim rejected because on balance of probabilities the claimant did not prove a well‑founded fear of persecution for a Convention ground nor a personal risk to life, torture or cruel and unusual treatment: Nigerian criminal provisions are infrequently enforced, Shari'a punishments are geographically limited, the claimant presented limited and inconsistent evidence and did not demonstrate ongoing state or credible non‑state threats.

Court Disposition

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

Orders

  • Claim dismissed; no protection granted