MB2-01172

MB2-01172

The panel rejected the claim because the claimants' testimony was not credible and lacked corroboration, and country evidence indicated decriminalization of homosexuality in Rwanda, so there was no serious possibility of persecution nor a balance of probabilities risk of death, torture or cruel and unusual treatment; therefore they are neither Convention refugees nor persons in need of protection.

Citation
MB2-01172
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 December 2013
Procedural Posture
Refugee Protection Claim / Hearing and Decision at Refugee Protection Division
Outcome
Refused; refugee protection claim rejected. Claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Credibility Assessment, Persecution on Grounds of Sexual Orientation, Protection Claim Risk of Torture/cruel Treatment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Credibility Assessment Persecution on Grounds of Sexual Orientation Protection Claim Risk of Torture/cruel Treatment

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are Convention refugees based on sexual orientation and membership of a particular social group
  2. 2 Whether claimants are persons in need of protection because of risk to life, torture or cruel and unusual treatment
  3. 3 Whether claimants' evidence is credible and sufficiently corroborated

Ratio Decidendi

The panel rejected the claim because the claimants' testimony was not credible and lacked corroboration, and country evidence indicated decriminalization of homosexuality in Rwanda, so there was no serious possibility of persecution nor a balance of probabilities risk of death, torture or cruel and unusual treatment; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Refused; refugee protection claim rejected. Claimants are neither Convention refugees nor persons in need of protection.