MA3-01184

MA3-01184

Claimant failed to discharge the burden of proof that she faces a reasonable chance of persecution on a Convention ground. Documentary evidence establishes that Costa Rica has effective state protection and non‑systemic treatment of homosexuals; the alleged episodes amount to discrimination not persecution; claimant did not exhaust or reasonably attempt available remedies; therefore the claim is rejected under ss.96 and 97 IRPA.

Citation
MA3-01184
Parties
Claimant: XXXXXXXXXXXXXXXX; Claimant's Counsel: Me Luciano Mascaro; Refugee Protection Officer: Anne Bardin; Presiding Member: Michel Venne; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 September 2003
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee under section 96 IRPA and not a person in need of protection under section 97 IRPA.
Legal Topics
Particular Social Group, Sexual Orientation, State Protection, Persecution, Discrimination Vs Persecution, Burden of Proof, Exhaustion of Remedies, Convention Against Torture, Section 96 IRPA, Section 97 IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Particular Social Group Sexual Orientation State Protection Persecution +6 more

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Parties

XXXXXXXXXXXXXXXX

Claimant

Me Luciano Mascaro

Claimant's Counsel

Anne Bardin

Refugee Protection Officer

Michel Venne

Presiding Member

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA or at risk of torture
  3. 3 Whether alleged acts constitute persecution or merely discrimination

Ratio Decidendi

Claimant failed to discharge the burden of proof that she faces a reasonable chance of persecution on a Convention ground. Documentary evidence establishes that Costa Rica has effective state protection and non‑systemic treatment of homosexuals; the alleged episodes amount to discrimination not persecution; claimant did not exhaust or reasonably attempt available remedies; therefore the claim is rejected under ss.96 and 97 IRPA.

Court Disposition

Claim for refugee protection rejected; claimant is not a Convention refugee under section 96 IRPA and not a person in need of protection under section 97 IRPA.

Orders

  • The claim for refugee protection is rejected.