MA9-11300

MA9-11300

The claimant's evidence of isolated incidents of harassment and three non-systematic assaults, combined with documentary proof that homosexuality is not criminalized in Saint Vincent and the Grenadines and the claimant's unexplained four-year delay in claiming, do not establish a serious possibility of persecution or a balance of probabilities risk of torture, death or cruel and unusual treatment; claim is rejected.

Citation
MA9-11300
Parties
Claimant: XXXX XXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 February 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Sexual Orientation, Persecution, State Protection, Delay in Claiming, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation Persecution State Protection Delay in Claiming Credibility Assessment

Case Brief

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Parties

XXXX XXXX XXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant faces persecution on account of sexual orientation
  2. 2 Whether harm feared meets threshold of persecution (seriousness, repetition, systematic)
  3. 3 Whether state protection is unavailable or inadequate

Ratio Decidendi

The claimant's evidence of isolated incidents of harassment and three non-systematic assaults, combined with documentary proof that homosexuality is not criminalized in Saint Vincent and the Grenadines and the claimant's unexplained four-year delay in claiming, do not establish a serious possibility of persecution or a balance of probabilities risk of torture, death or cruel and unusual treatment; claim is rejected.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Claim dismissed
  • No protection granted under sections 96 and 97(1) of the IRPA