MB2-05203

The panel rejected the claim because the claimant failed to credibly establish he is homosexual and failed to prove a well-founded fear of persecution or a balance of probabilities risk to life, cruel treatment or torture; documentary evidence and country conditions did not corroborate alleged persecution in Rwanda.

Citation: MB2-05203
Parties: Claimant: XXXX XXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 18 November 2014
Procedural Posture: Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision (refugee Protection Division)
Outcome: Claim rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics: Sexual Orientation, Credibility, Persecution, Risk of Torture, Protection Obligations, Country Conditions
Source Language: English

Immigration Law Refugee Law Human Rights Sexual Orientation Credibility Persecution Risk of Torture Protection Obligations +1 more

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision (refugee Protection Division)

Legal Issues

1 Whether claimant is a member of a particular social group (homosexuals) and therefore a Convention refugee
2 Whether claimant has a well-founded fear of persecution on a Convention ground
3 Whether claimant faces a risk to life or risk of cruel and unusual treatment or torture (person in need of protection)

Ratio Decidendi

Court Disposition

Claim rejected; claimant is not a Convention refugee or a person in need of protection.

Orders

Refugee protection claim rejected.