TB5-03069

TB5-03069

The Tribunal disbelieved the principal claimant's evidence of her bisexuality because of multiple material credibility failings (vague and unconvincing details about meetings, hotel, photographs, failure to recall key names and community involvement, and unpersuasive corroboration), and accordingly rejected both claims as neither Convention refugees nor persons in need of protection; the claims were also found to have no credible basis under s.107(2) IRPA.

Citation
TB5-03069
Parties
Claimant: XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX); Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 June 2015
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division
Outcome
Claims rejected. Claimants are not Convention refugees and are not persons in need of protection; no credible basis found under s.107(2) IRPA.
Legal Topics
Convention Refugee, Credibility Assessment, Persecution for Sexual Orientation, No Credible Basis (s.107(2)), Weight of Documentary and Expert Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Assessment Persecution for Sexual Orientation No Credible Basis (s.107(2)) Weight of Documentary and Expert Evidence

Case Brief

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Parties

XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)

Claimant

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants face a well-founded fear of persecution in Nigeria on account of sexual orientation
  2. 2 Whether the principal claimant is a bisexual woman as she alleges (credibility of sexual orientation claim)
  3. 3 Whether documentary evidence (photographs, letters, affidavits) and a psychologist's report are probative

Ratio Decidendi

The Tribunal disbelieved the principal claimant's evidence of her bisexuality because of multiple material credibility failings (vague and unconvincing details about meetings, hotel, photographs, failure to recall key names and community involvement, and unpersuasive corroboration), and accordingly rejected both claims as neither Convention refugees nor persons in need of protection; the claims were also found to have no credible basis under s.107(2) IRPA.

Court Disposition

Claims rejected. Claimants are not Convention refugees and are not persons in need of protection; no credible basis found under s.107(2) IRPA.

Orders

  • Refugee Protection Division rejects refugee protection claims TB5-03069 and TB5-03068
  • No credible basis for the claims pursuant to section 107(2) of the Immigration and Refugee Protection Act