TA7-00630

TA7-00630

The Panel rejected the claimant's testimony as not credible on the central issue of his sexual identity and supporting events; given the lack of credible evidence and available country information indicating limited prosecutions, the Panel found no well‑founded fear of persecution on a Convention ground, no personal risk to life or cruel and unusual treatment, and no substantial grounds to believe removal would expose him to torture; the claim was therefore rejected under ss.96 and 97(1) IRPA.

Citation
TA7-00630
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 August 2009
Procedural Posture
Refugee Protection (irpa Ss.96 and 97) / Reasons and Decision
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection
Legal Topics
Sexual Orientation, Credibility, State Protection, Convention Refugee, Risk of Torture
Source Language
English
Immigration Law Refugee Protection Human Rights Criminal Law Sexual Orientation Credibility State Protection Convention Refugee +1 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 and 97) / Reasons and Decision

Legal Issues

  1. 1 Whether the claimant is credible about his sexual orientation and past events in Syria
  2. 2 Whether the claimant has a well‑founded fear of persecution for a Convention ground
  3. 3 Whether state protection in Syria is available and effective

Ratio Decidendi

The Panel rejected the claimant's testimony as not credible on the central issue of his sexual identity and supporting events; given the lack of credible evidence and available country information indicating limited prosecutions, the Panel found no well‑founded fear of persecution on a Convention ground, no personal risk to life or cruel and unusual treatment, and no substantial grounds to believe removal would expose him to torture; the claim was therefore rejected under ss.96 and 97(1) IRPA.

Court Disposition

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

Orders

  • Claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act