TA3-05106

TA3-05106

The member found the claimant not credible on the balance of probabilities due to material inconsistencies, omissions and likely embellishments and therefore held there was no serious possibility of persecution on a Convention ground and no personal risk of death, cruel and unusual treatment or torture on return to Albania.

Citation
TA3-05106
Parties
Claimant: XXXXX XXXXX; Tribunal/respondent: Immigration and Refugee Board - Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 September 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (oral Hearing May 5, 2004; Decision Sept 19, 2005)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Sexual Orientation, Credibility Findings, Convention Refugee Status, Risk of Torture, Protection Need
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation Credibility Findings Convention Refugee Status Risk of Torture Protection Need

Case Brief

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Parties

XXXXX XXXXX

Claimant

Immigration and Refugee Board - Refugee Protection Division

Tribunal/respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing (oral Hearing May 5, 2004; Decision Sept 19, 2005)

Legal Issues

  1. 1 Whether claimant is a Convention refugee on grounds of sexual orientation
  2. 2 Whether claimant's testimony and documents are credible and corroborated
  3. 3 Whether claimant faces a personal risk to life, cruel and unusual treatment or torture on return to Albania

Ratio Decidendi

The member found the claimant not credible on the balance of probabilities due to material inconsistencies, omissions and likely embellishments and therefore held there was no serious possibility of persecution on a Convention ground and no personal risk of death, cruel and unusual treatment or torture on return to Albania.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Refugee protection claim dismissed by decision dated September 19, 2005.