TA6-11753

The panel concluded that although the claimant experienced discrimination because of his sexual orientation, the incidents did not amount to persecution and the statutory prohibitions against same‑sex sexual activity in St. Vincent and the Grenadines were not being enforced; accordingly there was not a serious possibility of persecution or of risk to life, torture or cruel and unusual treatment and the claim failed under ss.96 and 97 IRPA.

Citation: TA6-11753
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 30 April 2008
Procedural Posture: Refugee Protection (rpd) / Decision (reasons and Decision)
Outcome: Claimant is not a Convention refugee and not a person in need of protection; claim rejected.
Legal Topics: Social Group, Sexual Orientation, Discrimination, Persecution, State Protection, Risk of Torture, Risk to Life, Cruel and Unusual Treatment
Source Language: English

Refugee Protection Immigration Social Group Sexual Orientation Discrimination Persecution State Protection Risk of Torture +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (rpd) / Decision (reasons and Decision)

Legal Issues

1 Whether claimant is a Convention refugee
2 Whether claimant is a person in need of protection
3 Whether criminal provisions banning consensual homosexual acts in Saint Vincent and the Grenadines are enforced

Ratio Decidendi

Court Disposition

Claimant is not a Convention refugee and not a person in need of protection; claim rejected.

Orders

Claim rejected