MA8-02826

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

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Parties

XXXXXXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Hearing and Decision

  1. 1 Whether the claimant is a convention refugee under section 96 IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97 IRPA
  3. 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