TB5-13308

TB5-13308

The Member accepted the claimant's identity as a gay man on the balance of probabilities based on passport, identity card, correspondence, letters and testimony; found him credible; accepted that he suffered serious ill‑treatment in Turkey and that country conditions and family hostility create a real risk of future persecution; and found the failure to claim in a third country satisfactorily explained — therefore the claimant meets the definition of a Convention refugee and the claim is accepted.

Citation
TB5-13308
Parties
Claimant: XXXX XXXX; Minister's Counsel: N/A; Interpreter: Huseyin Sertkaya
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 February 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons for Decision (final Determination)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee Status, Persecution for Sexual Orientation, Credibility Assessment, Country Conditions, Failure to Claim in Third Country
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Status Persecution for Sexual Orientation Credibility Assessment Country Conditions Failure to Claim in Third Country

Case Brief

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Parties

XXXX XXXX

Claimant

N/A

Minister's Counsel

Huseyin Sertkaya

Interpreter

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons for Decision (final Determination)

Legal Issues

  1. 1 Whether the claimant is a member of the Convention refugee class by reason of sexual orientation
  2. 2 Whether the claimant faces a well‑founded fear of persecution from state actors, family or society if returned to Turkey
  3. 3 Whether the claimant's identity and credibility are established on a balance of probabilities

Ratio Decidendi

The Member accepted the claimant's identity as a gay man on the balance of probabilities based on passport, identity card, correspondence, letters and testimony; found him credible; accepted that he suffered serious ill‑treatment in Turkey and that country conditions and family hostility create a real risk of future persecution; and found the failure to claim in a third country satisfactorily explained — therefore the claimant meets the definition of a Convention refugee and the claim is accepted.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Grant refugee protection (Convention refugee) to the claimant