VA8-01009

The panel rejected the claimant's credibility on the alleged 2007 arrest as a fabrication and found the documented past taunts, threats and eviction did not establish more than a mere possibility of persecution, risk to life, torture or cruel and unusual treatment; delay in leaving Namibia further undermined a subjective fear, therefore the claim fails.

Citation: VA8-01009
Parties: Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 3 February 2010
Procedural Posture: Refugee Protection Claim / Hearing and Decision
Outcome: Claim rejected; claimant not in need of refugee protection
Legal Topics: Sexual Orientation, Persecution, Risk of Torture, Credibility Findings, Harassment, Production of Documents
Source Language: English

Refugee Law Immigration Law Human Rights Law Sexual Orientation Persecution Risk of Torture Credibility Findings Harassment +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

1 Whether the claimant is a Convention refugee or otherwise in need of protection
2 Whether claimant faces risk to life, torture or cruel and unusual treatment or punishment in Namibia
3 Whether the claimant's credibility undermines his claim, specifically the alleged 2007 police arrest

Ratio Decidendi

Court Disposition

Claim rejected; claimant not in need of refugee protection