VB9-08749

VB9-08749

Although the appellant is accepted on a balance of probabilities as a gay man, the appeal is dismissed because he failed to establish that he sought state protection, his testimony contained material inconsistencies undermining credibility, and country documentation demonstrates adequate state protection in Montenegro such that he is neither a Convention refugee nor a person in need of protection.

Citation
VB9-08749
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 March 2021
Procedural Posture
Refugee Appeal to Refugee Appeal Division (rad) / Decision on Appeal / Reasons for Decision (rad Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed; appellant not a Convention refugee nor a person in need of protection.
Legal Topics
LGBT Asylum, State Protection, Credibility Assessment, Procedural Fairness, SOGIE Guidelines
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law LGBT Asylum State Protection Credibility Assessment Procedural Fairness +1 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division (rad) / Decision on Appeal / Reasons for Decision (rad Decision)

Legal Issues

  1. 1 Whether the appellant is a Convention refugee
  2. 2 Whether the state in Montenegro provides adequate protection to the appellant
  3. 3 Whether the appellant made reasonable efforts to seek state protection

Ratio Decidendi

Although the appellant is accepted on a balance of probabilities as a gay man, the appeal is dismissed because he failed to establish that he sought state protection, his testimony contained material inconsistencies undermining credibility, and country documentation demonstrates adequate state protection in Montenegro such that he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed; appellant not a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed and RPD decision confirmed
  • Request for oral hearing denied