VB0-01326

VB0-01326

The claimant's account was found not credible and lacked reliable corroboration; on a balance of probabilities the claimant failed to establish that he is homosexual and therefore failed to establish a well‑founded fear of persecution or that he is a person in need of protection under ss.96 and 97 IRPA, so the claim is rejected.

Citation
VB0-01326
Parties
Claimant: XXXXX XXXXX; Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 September 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Written Decision (oral Decision 13 Sep 2011; Written Decision 30 Oct 2011)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection under ss.96 and 97 IRPA.
Legal Topics
Sexual Orientation, Credibility Assessment, Corroboration, Persecution, Family Violence
Source Language
English
Immigration Law Refugee Law Human Rights Sexual Orientation Credibility Assessment Corroboration Persecution Family Violence

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Parties

XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Written Decision (oral Decision 13 Sep 2011; Written Decision 30 Oct 2011)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether claimant is a homosexual for the purposes of the claim

Ratio Decidendi

The claimant's account was found not credible and lacked reliable corroboration; on a balance of probabilities the claimant failed to establish that he is homosexual and therefore failed to establish a well‑founded fear of persecution or that he is a person in need of protection under ss.96 and 97 IRPA, so the claim is rejected.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection under ss.96 and 97 IRPA.

Orders

  • Claim rejected; no refugee protection or protected person status granted