TB1-10653

TB1-10653

The panel rejected the claimant's account as not credible based on inconsistencies between filings, lack of corroboration for alleged sexual identity and organizational affiliation, implausible delay in claiming, and insufficient medical evidence; therefore the claimant failed to establish the subjective and objective elements of refugee protection and is not a Convention refugee nor a person in need of protection.

Citation
TB1-10653
Parties
Claimant: XXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 April 2012
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Convention Refugee, Refugee Protection, Sexual Orientation, Political Opinion, Credibility, Gender Related Persecution, Corroboration, Delay in Making Claim, Membership/association
Source Language
English
Immigration and Refugee Law Convention Refugee Refugee Protection Sexual Orientation Political Opinion Credibility Gender Related Persecution Corroboration +2 more

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Parties

XXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant has a well-founded fear of persecution for a Convention ground
  2. 2 Whether the claimant's sexual identity and alleged affiliation with LGBT organizations are credible
  3. 3 Whether the claimant faces a risk to life, cruel and unusual treatment, or torture on return

Ratio Decidendi

The panel rejected the claimant's account as not credible based on inconsistencies between filings, lack of corroboration for alleged sexual identity and organizational affiliation, implausible delay in claiming, and insufficient medical evidence; therefore the claimant failed to establish the subjective and objective elements of refugee protection and is not a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act