TA8-22230

TA8-22230

The claimant failed to establish, on a balance of probabilities, that he faces more than a mere possibility of persecution, torture, death or cruel and unusual treatment in either St. Vincent and the Grenadines or Trinidad and Tobago; documentary evidence showed societal discrimination but not widespread or systematic persecution or enforcement of criminal provisions against homosexuals sufficient to meet the Convention or protection thresholds, therefore the claim is rejected under ss. 96 and 97(1) IRPA.

Citation
TA8-22230
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 June 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection under ss. 96 and 97(1) IRPA
Legal Topics
Refugee Protection, Sexual Orientation, Persecution, Country of Origin Evidence, Burden of Proof
Source Language
English
Immigration and Refugee Law Human Rights Criminal Law Refugee Protection Sexual Orientation Persecution Country of Origin Evidence Burden of Proof

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97(1) IRPA
  3. 3 Whether the claimant has a well‑founded fear of persecution in each country of nationality (St. Vincent and the Grenadines and Trinidad and Tobago)

Ratio Decidendi

The claimant failed to establish, on a balance of probabilities, that he faces more than a mere possibility of persecution, torture, death or cruel and unusual treatment in either St. Vincent and the Grenadines or Trinidad and Tobago; documentary evidence showed societal discrimination but not widespread or systematic persecution or enforcement of criminal provisions against homosexuals sufficient to meet the Convention or protection thresholds, therefore the claim is rejected under ss. 96 and 97(1) IRPA.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection under ss. 96 and 97(1) IRPA