TA6-10532

TA6-10532

The panel rejected the claim because it found the claimant not credible in pivotal areas (existence and nature of the alleged long-term relationship, failure to seek or provide corroborating contact or memorabilia, implausible medical/treatment account and suspect treatment note, and the implausible role of the purported friend), drew a negative inference that the friend was an agent, and concluded there was no objective basis on the balance of probabilities for a well-founded fear of persecution or a risk of serious harm under ss.96 and 97 IRPA.

Citation
TA6-10532
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister; Adjudicator: E. Joanne Sajtos
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 May 2008
Procedural Posture
Refugee Protection (convention Refugee Claim) / Hearing and Decision
Outcome
Claim rejected: claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Sexual Orientation, Particular Social Group, Credibility, Persecution, Protection Under Section 97 IRPA
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation Particular Social Group Credibility Persecution Protection Under Section 97 IRPA

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

E. Joanne Sajtos

Adjudicator

Procedural Posture

Refugee Protection (convention Refugee Claim) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee by virtue of membership in a particular social group (homosexuals)
  2. 2 Whether claimant is a person in need of protection under section 97(1)(a) and (b) IRPA
  3. 3 Whether claimant's evidence is credible and establishes an objective basis for fear of persecution

Ratio Decidendi

The panel rejected the claim because it found the claimant not credible in pivotal areas (existence and nature of the alleged long-term relationship, failure to seek or provide corroborating contact or memorabilia, implausible medical/treatment account and suspect treatment note, and the implausible role of the purported friend), drew a negative inference that the friend was an agent, and concluded there was no objective basis on the balance of probabilities for a well-founded fear of persecution or a risk of serious harm under ss.96 and 97 IRPA.

Court Disposition

Claim rejected: claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claimant's refugee protection claim is refused.