TB1-13103

The claimant's core allegations lacked sufficient credible and corroborative evidence and contained implausibilities and inconsistencies material to the claim; therefore on the balance of probabilities the claimant is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1)(b) IRPA.

Citation: TB1-13103
Parties: Claimant / Asylum Seeker: XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 18 September 2012
Procedural Posture: Refugee Protection Claim / Decision After Refugee Protection Division Hearing
Outcome: Claim rejected; claimant is not a Convention refugee under s.96 IRPA and is not a person in need of protection under s.97(1)(b) IRPA.
Legal Topics: Sexual Orientation, Credibility, Persecution, Risk of Torture, Protection Claims
Source Language: English

Immigration Law Refugee Law Human Rights Law Sexual Orientation Credibility Persecution Risk of Torture Protection Claims

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Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2

Parties

XXXXX XXXXX

Claimant / Asylum Seeker

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision After Refugee Protection Division Hearing

Legal Issues

1 Whether the claimant is a Convention refugee under s.96 IRPA
2 Whether the claimant is a person in need of protection under s.97(1)(b) IRPA
3 Whether the claimant is a homosexual as alleged and whether his sexual orientation and relationships are credible

Ratio Decidendi

Court Disposition

Claim rejected; claimant is not a Convention refugee under s.96 IRPA and is not a person in need of protection under s.97(1)(b) IRPA.