TB2-02871

TB2-02871

The claimant failed to establish on the balance of probabilities that she is a bisexual and failed to provide credible, corroborated evidence of persecution or serious risk; material inconsistencies, delay/failure to claim, lack of credible police reports and insufficient corroboration defeat the claim under sections 96 and 97(1) of IRPA, so the claim is rejected.

Citation
TB2-02871
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 November 2017
Procedural Posture
Refugee Protection Claim / Decision on Claim (reasons and Decision)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Sexual Orientation, Gender Related Persecution, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Sexual Orientation Gender Related Persecution Credibility Assessment

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Parties

XXXX XXXX XXXX

Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Claim (reasons and Decision)

Legal Issues

  1. 1 Whether claimant established sexual identity as bisexual for Convention ground
  2. 2 Credibility of claimant's testimony and supporting evidence
  3. 3 Delay and failure to claim affecting subjective fear

Ratio Decidendi

The claimant failed to establish on the balance of probabilities that she is a bisexual and failed to provide credible, corroborated evidence of persecution or serious risk; material inconsistencies, delay/failure to claim, lack of credible police reports and insufficient corroboration defeat the claim under sections 96 and 97(1) of IRPA, so the claim is rejected.

Court Disposition

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

Orders

  • Refugee claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act