VB0-02590

VB0-02590

The claimant's allegations were undermined by material inconsistencies between testimony and documentary evidence, lack of corroboration, implausible post‑allegation conduct and objective country evidence showing lack of systematic persecution of homosexuals; on balance of probabilities the claimant failed to establish a serious possibility of persecution or risk of torture and internal relocation was reasonable; claim rejected.

Citation
VB0-02590
Parties
Claimant: XXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 August 2011
Procedural Posture
Refugee Protection Claim / Final Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Sexual Orientation, Arbitrary Arrest and Detention, Prostitution/conviction, Credibility, Internal Flight Alternative, Torture/danger of Torture, State Protection, Discrimination
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation Arbitrary Arrest and Detention Prostitution/conviction Credibility Internal Flight Alternative +3 more

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Parties

XXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision

Legal Issues

  1. 1 claimant's sexual orientation and identity
  2. 2 credibility of allegations
  3. 3 state protection and availability of remedies

Ratio Decidendi

The claimant's allegations were undermined by material inconsistencies between testimony and documentary evidence, lack of corroboration, implausible post‑allegation conduct and objective country evidence showing lack of systematic persecution of homosexuals; on balance of probabilities the claimant failed to establish a serious possibility of persecution or risk of torture and internal relocation was reasonable; claim rejected.

Court Disposition

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