VB0-03891

VB0-03891

Claimant was found credible regarding sexual orientation and past incidents but delays in leaving Poland and in making a refugee claim, absence of police complaints, and documentary evidence showing tolerance and gay community infrastructure in Krakow established that Krakow is a viable internal flight alternative; therefore there is no serious possibility of persecution nor a qualifying risk under sections 96 or 97 and the claim is rejected.

Citation
VB0-03891
Parties
Claimant: XXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2011
Procedural Posture
Refugee Protection Claim / Oral Hearing and Decision; Written Reasons Issued
Outcome
Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act
Legal Topics
Internal Flight Alternative, Sexual Orientation, Particular Social Group, Persecution, Credibility and Delay in Claiming, State Protection, Section 96, Section 97
Source Language
English
Immigration Law Refugee Law Human Rights Law Internal Flight Alternative Sexual Orientation Particular Social Group Persecution Credibility and Delay in Claiming +3 more

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Parties

XXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Oral Hearing and Decision; Written Reasons Issued

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 (persecution for membership of a particular social group)
  2. 2 Whether claimant is a person in need of protection under section 97 (risk to life, risk of cruel and unusual treatment or torture)
  3. 3 Whether an internal flight alternative (Krakow) is viable and reasonable

Ratio Decidendi

Claimant was found credible regarding sexual orientation and past incidents but delays in leaving Poland and in making a refugee claim, absence of police complaints, and documentary evidence showing tolerance and gay community infrastructure in Krakow established that Krakow is a viable internal flight alternative; therefore there is no serious possibility of persecution nor a qualifying risk under sections 96 or 97 and the claim is rejected.

Court Disposition

Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act