TA6-01845

TA6-01845

On the balance of probabilities the claimant failed to establish his identity and was not a credible witness; country and documentary evidence show homosexuality is not criminalized and the incidents described amount to harassment/discrimination rather than persecution, and no personal risk of torture or cruel/unusual treatment or state persecution was established, therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA6-01845
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 July 2008
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Decision
Outcome
Claim rejected; Refugee Protection Division finds claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Sexual Orientation, Identity Documents, Credibility, Persecution, Relocation, Country Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Sexual Orientation Identity Documents Credibility Persecution +2 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant established national identity
  2. 2 Whether the claimant's testimony is credible
  3. 3 Whether treatment in Panama or China amounts to persecution on account of sexual orientation

Ratio Decidendi

On the balance of probabilities the claimant failed to establish his identity and was not a credible witness; country and documentary evidence show homosexuality is not criminalized and the incidents described amount to harassment/discrimination rather than persecution, and no personal risk of torture or cruel/unusual treatment or state persecution was established, therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claim.