TA5-15094

Because the claimant's account contained significant omissions, inconsistencies and delayed allegations on central matters (sexual identity and gang incidents) and he failed to show a personal risk of persecution, torture or cruel treatment, and medical‑care grounds are excluded by s.97, the claim for refugee protection is rejected.

Citation: TA5-15094
Parties: Claimant: XXXX XXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 11 July 2006
Procedural Posture: Refugee Protection Claim / Decision Following Hearing (refugee Protection Division)
Outcome: Claim rejected; claimant is not a Convention refugee and is not a person in need of protection
Legal Topics: Sexual Orientation, Credibility/omissions, Port of Entry Procedures, Medical Grounds (hiv), Risk of Torture/cruel Treatment, Gang Violence/extortion
Source Language: English

Immigration Refugee Protection Human Rights Sexual Orientation Credibility/omissions Port of Entry Procedures Medical Grounds (hiv) Risk of Torture/cruel Treatment +1 more

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Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision Following Hearing (refugee Protection Division)

Legal Issues

1 Credibility and omissions at port-of-entry
2 Persecution based on sexual orientation/cross-dressing
3 Risk of harm from gangs including extortion and assault

Ratio Decidendi

Court Disposition

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

Orders

Refugee protection claim rejected
No protection granted under the Immigration and Refugee Protection Act