MA9-05251

MA9-05251

Claimant's evidence was not credible or sufficiently corroborated; available country and testimonial evidence did not establish that homosexuality or imputed political opinion would expose him to persecution or risk to life or torture in Cuba; therefore he is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97 IRPA.

Citation
MA9-05251
Parties
Claimant: XXXX XXXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 June 2011
Procedural Posture
Refugee Protection Claim / Final Determination Following Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Particular Social Group, Imputed Political Opinion, Sexual Orientation, Risk of Torture, Change in Country Conditions, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Particular Social Group Imputed Political Opinion Sexual Orientation Risk of Torture +2 more

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Parties

XXXX XXXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Determination Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on sexual orientation
  2. 2 Whether claimant is a Convention refugee based on imputed political opinion
  3. 3 Whether claimant is a person in need of protection under section 97 IRPA for risk to life or risk of cruel and unusual treatment or torture

Ratio Decidendi

Claimant's evidence was not credible or sufficiently corroborated; available country and testimonial evidence did not establish that homosexuality or imputed political opinion would expose him to persecution or risk to life or torture in Cuba; therefore he is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97 IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection