TA4-13566

TA4-13566

Panel accepted claimant's sexual orientation but found his allegations of persecution not credible or sufficiently corroborated, concluded documentary evidence suggested state protection was available and that claimant failed to rebut that presumption, and therefore held claimant would face discrimination but not persecution and was not at risk under s.97; claim rejected.

Citation
TA4-13566
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: A. Weldrick; Member: Hazelyn Ross
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 March 2005
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 and 97 / Decision Following Hearing on March 1, 2005
Outcome
Refugee protection claim rejected; claimant is not a Convention Refugee and is not a person in need of protection under s.97
Legal Topics
Sexual Orientation, Particular Social Group, State Protection, Credibility Findings, Persecution, S.97 Protection (torture/cruel Treatment)
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Sexual Orientation Particular Social Group State Protection Credibility Findings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

A. Weldrick

Refugee Protection Officer

Hazelyn Ross

Member

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 and 97 / Decision Following Hearing on March 1, 2005

Legal Issues

  1. 1 Claimant's personal identity and sexual orientation
  2. 2 Whether homosexuals constitute a particular social group
  3. 3 Whether claimant has a well-founded fear of persecution

Ratio Decidendi

Panel accepted claimant's sexual orientation but found his allegations of persecution not credible or sufficiently corroborated, concluded documentary evidence suggested state protection was available and that claimant failed to rebut that presumption, and therefore held claimant would face discrimination but not persecution and was not at risk under s.97; claim rejected.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention Refugee and is not a person in need of protection under s.97

Orders

  • Claim for refugee protection rejected; removal order may follow in accordance with applicable procedures.