TA6-08893

TA6-08893

The panel dismissed the claim because the claimants' lengthy delay in claiming refugee status undermined subjective fear and the evidence established that Brazil has legal mechanisms, state and non-governmental protections and instances of prosecution for anti-gay violence such that the claimants failed to rebut the presumption of state protection and did not demonstrate a serious possibility of persecution or need for protection.

Citation
TA6-08893
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 January 2007
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim dismissed; claimants are not Convention refugees and are not persons in need of protection.
Legal Topics
Particular Social Group, Sexual Orientation, State Protection, Delay and Credibility, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Human Rights Particular Social Group Sexual Orientation State Protection Delay and Credibility Convention Refugee Determination

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees based on membership of a particular social group (homosexuals)
  2. 2 Whether claimants face risk of torture or risk to life or cruel and unusual treatment amounting to need for protection
  3. 3 Whether delay in making the refugee claim undermines the claimants' subjective fear

Ratio Decidendi

The panel dismissed the claim because the claimants' lengthy delay in claiming refugee status undermined subjective fear and the evidence established that Brazil has legal mechanisms, state and non-governmental protections and instances of prosecution for anti-gay violence such that the claimants failed to rebut the presumption of state protection and did not demonstrate a serious possibility of persecution or need for protection.

Court Disposition

Claim dismissed; claimants are not Convention refugees and are not persons in need of protection.

Orders

  • Refugee Protection Division determination: claimants denied refugee protection and protection claim dismissed.