TA5-13116

TA5-13116

The claimant's evidence was not credible and did not establish that others in Nigeria would probably perceive him as homosexual; factual inconsistencies (fathering children, common-law marriage, lack of corroboration) and absence of a real personal risk mean there is no well-founded fear of persecution for a...

Source-derived case information.

Citation
TA5-13116
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Refugee Protection Officer; Decision Maker: L. Fournier
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 July 2006
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
claim rejected
Legal Topics
Sexual Orientation, Membership in a Particular Social Group, Credibility, Persecution, Torture
Source Language
english
Immigration Refugee Law Administrative Law Sexual Orientation Membership in a Particular Social Group Credibility Persecution Torture

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

L. Fournier

Decision Maker

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 whether claimant is a Convention refugee for reasons of sexual orientation
  2. 2 whether claimant is a person in need of protection under s.97 IRPA (risk of torture or cruel and unusual treatment)
  3. 3 credibility of claimant's assertion of homosexual orientation and perceived risk

Ratio Decidendi

The claimant's evidence was not credible and did not establish that others in Nigeria would probably perceive him as homosexual; factual inconsistencies (fathering children, common-law marriage, lack of corroboration) and absence of a real personal risk mean there is no well-founded fear of persecution for a Convention ground and no substantial grounds to believe he would face torture or cruel and unusual treatment; therefore the claim for refugee protection and protection under s.97 IRPA fails.

Court Disposition

claim rejected

Orders

  • Claim for refugee protection dismissed; claimant is not a Convention refugee
  • No finding of need for protection under s.97 IRPA; no credible basis under s.107(2) IRPA