TA6-12570

TA6-12570

Adverse credibility findings and lack of corroboration on material elements (conversion to Baha'i and sexual orientation/activities) led to the conclusion that the claimant failed to establish membership in a Convention ground or a serious possibility of persecution or risk to life/torture; claim rejected.

Citation
TA6-12570
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: N. Cassano; Panel/member: Sarwanjit Randhawa
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 June 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee/protection) / Decision Following Hearing (adjudication)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Sexual Orientation, Religious Persecution, Detention, Torture Risk, Corroboration, Adverse Inference
Source Language
English
Immigration Refugee Law Human Rights Credibility Sexual Orientation Religious Persecution Detention Torture Risk +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

N. Cassano

Refugee Protection Officer

Sarwanjit Randhawa

Panel/member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee/protection) / Decision Following Hearing (adjudication)

Legal Issues

  1. 1 Identity and credibility of claimant
  2. 2 Whether claimant is a member of a Convention ground (Baha'i or homosexual)
  3. 3 Whether there is a well-founded fear of persecution on a Convention ground

Ratio Decidendi

Adverse credibility findings and lack of corroboration on material elements (conversion to Baha'i and sexual orientation/activities) led to the conclusion that the claimant failed to establish membership in a Convention ground or a serious possibility of persecution or risk to life/torture; claim rejected.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.