TA7-01973

TA7-01973

The claimant failed to rebut the presumption of state protection on a balance of probabilities: police took the report and investigated, closing the file for lack of evidence; documentary sources show decriminalization of homosexuality and no evidence that authorities systematically cannot or will not protect homosexuals, therefore the claimant is not a Convention refugee and is not in need of protection nor at substantial risk of torture.

Citation
TA7-01973
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 January 2009
Procedural Posture
Refugee Protection Claim / Decision (refusal)
Outcome
Claim dismissed; claimant not a Convention refugee; not in need of protection; removal would not subject claimant personally to risk of torture or cruel and unusual treatment
Legal Topics
Sexual Orientation, State Protection, Convention Refugee, Risk of Persecution, Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation State Protection Convention Refugee Risk of Persecution Torture +1 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refusal)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee on account of sexual orientation
  2. 2 Whether the state protection available in Ukraine was sufficient or had been rebutted
  3. 3 Whether removal would subject claimant personally to risk of torture or cruel and unusual treatment

Ratio Decidendi

The claimant failed to rebut the presumption of state protection on a balance of probabilities: police took the report and investigated, closing the file for lack of evidence; documentary sources show decriminalization of homosexuality and no evidence that authorities systematically cannot or will not protect homosexuals, therefore the claimant is not a Convention refugee and is not in need of protection nor at substantial risk of torture.

Court Disposition

Claim dismissed; claimant not a Convention refugee; not in need of protection; removal would not subject claimant personally to risk of torture or cruel and unusual treatment