TA3-10655

TA3-10655

The claim was rejected because the panel found the claimant not credible on material points, he failed to exhaust available state remedies in a functioning democratic system, and he did not present clear and convincing evidence that Costa Rica was unable or unwilling to protect him; accordingly he is neither a Convention refugee nor a person in need of protection.

Citation
TA3-10655
Parties
Claimant: XXXXX XXXXX; Presiding Member: Michael Somers; Refugee Protection Officer: Nga Nguyen; Minister's Counsel: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 August 2006
Procedural Posture
Refugee Protection Claim (redetermination After Judicial Review) / Redetermination Hearing and Decision
Outcome
Claimant's refugee protection claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Credibility Assessment, Persecution, Exhaustion of Remedies, Risk to Life, Cruel and Unusual Treatment, Sexual Orientation, Related Jurisprudence
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law State Protection Credibility Assessment Persecution Exhaustion of Remedies +4 more

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Parties

XXXXX XXXXX

Claimant

Michael Somers

Presiding Member

Nga Nguyen

Refugee Protection Officer

Minister's Counsel

Minister's Counsel

Procedural Posture

Refugee Protection Claim (redetermination After Judicial Review) / Redetermination Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether state protection in Costa Rica is available and was exhausted

Ratio Decidendi

The claim was rejected because the panel found the claimant not credible on material points, he failed to exhaust available state remedies in a functioning democratic system, and he did not present clear and convincing evidence that Costa Rica was unable or unwilling to protect him; accordingly he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claimant's refugee protection claim rejected; claimant found neither a Convention refugee nor a person in need of protection

Orders

  • Claim for refugee protection dismissed (refused)