TA5-13949

TA5-13949

The panel concluded that the claimant failed to establish that he is a homosexual and was not a credible witness on central elements of his claim; absent credibility and proof of identity as a member of a protected group there is no established well-founded fear of persecution or risk of torture/cruel and unusual treatment, therefore the claim is rejected.

Citation
TA5-13949
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: L. Heathfield; Presiding Member: Sarwanjit Randhawa
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 May 2006
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (ss.96 97) / Decision After Hearing (merits Determination)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Sexual Orientation, Refugee Sur Place, Credibility Assessment, Well Founded Fear of Persecution, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Sexual Orientation Refugee Sur Place Credibility Assessment Well Founded Fear of Persecution Risk of Torture/cruel and Unusual Treatment

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

L. Heathfield

Refugee Protection Officer

Sarwanjit Randhawa

Presiding Member

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (ss.96 97) / Decision After Hearing (merits Determination)

Legal Issues

  1. 1 Whether the claimant is a homosexual (identity)
  2. 2 Whether the claimant is credible
  3. 3 Whether there is a well-founded fear of persecution in Pakistan on a Convention ground

Ratio Decidendi

The panel concluded that the claimant failed to establish that he is a homosexual and was not a credible witness on central elements of his claim; absent credibility and proof of identity as a member of a protected group there is no established well-founded fear of persecution or risk of torture/cruel and unusual treatment, therefore the claim is rejected.

Court Disposition

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