TA5-12778

TA5-12778

The Board rejected the claimant's evidence as not credible and not trustworthy on a balance of probabilities; because the claimant's sexual orientation and alleged abuse were not credibly established, there was no serious possibility of persecution or personal risk to life, cruel and unusual treatment, or torture on return to Ukraine, and the claim was dismissed.

Citation
TA5-12778
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: H. Adamidis; Designated Representative: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 October 2006
Procedural Posture
Refugee Protection Claim (ss.96 97 Immigration and Refugee Protection Act) / Final Hearing and Decision
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection
Legal Topics
Sexual Orientation, Credibility Assessment, Non Refoulement, Persecution, Protection From Torture
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation Credibility Assessment Non Refoulement Persecution Protection From Torture

Case Brief

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Parties

XXXXX XXXXX

Claimant

H. Adamidis

Refugee Protection Officer

Minister's Counsel

Designated Representative

Procedural Posture

Refugee Protection Claim (ss.96 97 Immigration and Refugee Protection Act) / Final Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee on account of sexual orientation
  2. 2 Whether claimant would face risk to life or cruel and unusual treatment on return
  3. 3 Whether claimant's testimony and documentary evidence are credible and sufficient

Ratio Decidendi

The Board rejected the claimant's evidence as not credible and not trustworthy on a balance of probabilities; because the claimant's sexual orientation and alleged abuse were not credibly established, there was no serious possibility of persecution or personal risk to life, cruel and unusual treatment, or torture on return to Ukraine, and the claim was dismissed.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection

Orders

  • Claim dismissed; claimant not a Convention refugee and not in need of protection (decision dated October 28, 2006)