TB2-08149

TB2-08149

Claimant failed to prove on a balance of probabilities that he would face persecution on return; available evidence shows Ecuador has constitutional and legal protections and Quito is a viable and reasonable internal flight alternative, and there was insufficient credible evidence that he would be denied medical care or otherwise persecuted there; therefore refugee protection is not warranted.

Citation
TB2-08149
Parties
Claimant: XXXX XXXX XXXX XXXX; Refugee Protection Officer: N/A; Interpreter: J. Comrie; Member: R. Gould
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 September 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons Delivered (decision)
Outcome
Claim rejected — refugee protection claim denied
Legal Topics
Internal Flight Alternative, Persecution, Membership of a Particular Social Group, Credibility, Access to Healthcare, Gender Identity, HIV Status, State Protection
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBT Rights Health Law Internal Flight Alternative Persecution Membership of a Particular Social Group +5 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

N/A

Refugee Protection Officer

J. Comrie

Interpreter

R. Gould

Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons Delivered (decision)

Legal Issues

  1. 1 Whether claimant faces persecution on account of sexual orientation, gender identity or HIV status if returned to Ecuador
  2. 2 Whether an internal flight alternative (Quito) is available and reasonable
  3. 3 Whether denial of medical care or state/non-state actor persecution is established on a balance of probabilities

Ratio Decidendi

Claimant failed to prove on a balance of probabilities that he would face persecution on return; available evidence shows Ecuador has constitutional and legal protections and Quito is a viable and reasonable internal flight alternative, and there was insufficient credible evidence that he would be denied medical care or otherwise persecuted there; therefore refugee protection is not warranted.

Court Disposition

Claim rejected — refugee protection claim denied

Orders

  • Claim for refugee protection under file TB2-08149 is rejected
  • No protection or refugee status granted