MA7-01197

MA7-01197

The claimant's evidence was found not credible and insufficiently corroborated, including implausible and inconsistent accounts of key incidents and omissions to authorities; consequently he failed to establish he is a homosexual who would face a serious possibility of persecution or a real risk of torture, death or cruel and unusual treatment on return to Albania, and therefore is not a Convention refugee under s.96 nor a person in need of protection under s.97(1) IRPA.

Citation
MA7-01197
Parties
Claimant: XXXXX XXXXX; Respondent: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 July 2007
Procedural Posture
Refugee Protection Claim / Refugee Protection Division Hearing and Decision
Outcome
Claim dismissed; claimant rejected as neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) IRPA
Legal Topics
Refugee Protection, Convention Refugee, Particular Social Group, Sexual Orientation, Credibility Assessment, Persecution, Sexual Assault / Rape, Return to Albania, Negative Decision
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Refugee Protection Convention Refugee Particular Social Group Sexual Orientation +5 more

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a citizen of Albania
  2. 2 Whether claimant is homosexual and belongs to a particular social group
  3. 3 Credibility of claimant's testimony and documentary evidence

Ratio Decidendi

The claimant's evidence was found not credible and insufficiently corroborated, including implausible and inconsistent accounts of key incidents and omissions to authorities; consequently he failed to establish he is a homosexual who would face a serious possibility of persecution or a real risk of torture, death or cruel and unusual treatment on return to Albania, and therefore is not a Convention refugee under s.96 nor a person in need of protection under s.97(1) IRPA.

Court Disposition

Claim dismissed; claimant rejected as neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) IRPA

Orders

  • The claimant's refugee protection claim is refused
  • Claimant is not a Convention refugee under section 96 of IRPA and not a person in need of protection under section 97(1) of IRPA