TB2-09978

TB2-09978

The claimant's testimony and evidence were not credible on a balance of probabilities; adverse inferences from repeated re‑availment to Saint Lucia, failure to seek protection in the United Kingdom, and delay in claiming in Canada undermined the asserted fear and there was insufficient credible evidence linking the incidents to the claimant's sexual orientation; therefore the claimant is neither a Convention refugee nor a person in need of protection under sections 96 or 97 IRPA.

Citation
TB2-09978
Parties
Claimant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 July 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Refugee Protection Claim (hearing Concluded)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Re Availment, Delay in Claiming, Failure to Claim in Third Country, Persecution Based on Sexual Orientation, Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Credibility Re Availment Delay in Claiming Failure to Claim in Third Country +2 more

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Parties

XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Refugee Protection Claim (hearing Concluded)

Legal Issues

  1. 1 re-availment to country of alleged persecution
  2. 2 failure to claim refugee protection in the United Kingdom (third country)
  3. 3 delay in claiming protection in Canada after arrival

Ratio Decidendi

The claimant's testimony and evidence were not credible on a balance of probabilities; adverse inferences from repeated re‑availment to Saint Lucia, failure to seek protection in the United Kingdom, and delay in claiming in Canada undermined the asserted fear and there was insufficient credible evidence linking the incidents to the claimant's sexual orientation; therefore the claimant is neither a Convention refugee nor a person in need of protection under sections 96 or 97 IRPA.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.