MA8-02826
The panel found the claimant not credible due to contradictions, prior misleading conduct, and implausibilities in his account and therefore he failed to establish on a balance of probabilities that he is a convention refugee under s.96 IRPA or a person in need of protection under s.97 IRPA.
- Citation
- MA8-02826
- Parties
- Claimant: XXXXXXXX XXXX; Respondent: Minister
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 24 February 2011
- Procedural Posture
- Refugee Protection Claim / Final Hearing and Decision
- Outcome
- Claim denied - not a convention refugee and not a person in need of protection
- Legal Topics
- Convention Refugee, Person in Need of Protection, Sexual Orientation, Particular Social Group, Persecution by Family Members, Credibility Assessment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXXXXX XXXX
Claimant
Minister
Respondent
Procedural Posture
Refugee Protection Claim / Final Hearing and Decision
Legal Issues
- 1 Whether the claimant is a convention refugee under section 96 IRPA
- 2 Whether the claimant is a person in need of protection under section 97 IRPA
- 3 Whether the claimant faces persecution for his sexual orientation from family/extremists
Ratio Decidendi
The panel found the claimant not credible due to contradictions, prior misleading conduct, and implausibilities in his account and therefore he failed to establish on a balance of probabilities that he is a convention refugee under s.96 IRPA or a person in need of protection under s.97 IRPA.
Court Disposition
Claim denied - not a convention refugee and not a person in need of protection
Orders
- Refugee claim denied
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