TB2-09018

TB2-09018

The panel rejected the claim because the Designated Representative's evidence was found not credible on central points (sexual orientation, history of abuse, reporting to authorities, and other material facts); the claimant's own limited testimony did not independently establish a well-founded fear or a personal risk on a Convention ground and on the balance of probabilities there is no risk of torture or cruel or unusual treatment, therefore the claim fails under ss.96 and 97 IRPA.

Citation
TB2-09018
Parties
Claimant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 April 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision Rendered
Outcome
Claim rejected; claimant found not to be a Convention refugee under s.96 and not a person in need of protection under s.97 of the IRPA
Legal Topics
Convention Refugee Determination, Risk Assessment, Credibility Findings, Gender Related Persecution, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Risk Assessment Credibility Findings Gender Related Persecution State Protection

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision Rendered

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97 of the IRPA
  3. 3 Whether the claimant will be persecuted or face torture/cruel and unusual treatment if returned to Saint Lucia

Ratio Decidendi

The panel rejected the claim because the Designated Representative's evidence was found not credible on central points (sexual orientation, history of abuse, reporting to authorities, and other material facts); the claimant's own limited testimony did not independently establish a well-founded fear or a personal risk on a Convention ground and on the balance of probabilities there is no risk of torture or cruel or unusual treatment, therefore the claim fails under ss.96 and 97 IRPA.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee under s.96 and not a person in need of protection under s.97 of the IRPA

Orders

  • Claim rejected and protection claim denied under ss.96 and 97 IRPA