TA5-07729

The panel rejected the claim because it found the claimant not credible on core allegations, concluded he failed to establish past persecution or a well-founded fear of persecution for being homosexual, and determined that a viable internal flight alternative existed in Lagos City; therefore he is neither a Convention refugee nor a person in need of protection.

Citation: TA5-07729
Parties: Claimant: XXXXX XXXXX; Counsel for Claimant: C. Julian Jubenville; Panel Member: Daniel G. McSweeney
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 2 June 2008
Procedural Posture: Refugee Protection Claim (irpa) / Final Decision on Refugee Claim (merits Hearing)
Outcome: Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics: Sexual Orientation, Internal Flight Alternative, Credibility, Detention, Incompetence of Counsel, Persecution, Convention Refugee, Need for Protection
Source Language: English

Immigration and Refugee Law Human Rights Administrative Law Sexual Orientation Internal Flight Alternative Credibility Detention Incompetence of Counsel +3 more

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Parties

XXXXX XXXXX

Claimant

C. Julian Jubenville

Counsel for Claimant

Daniel G. McSweeney

Panel Member

Procedural Posture

Refugee Protection Claim (irpa) / Final Decision on Refugee Claim (merits Hearing)

Legal Issues

1 Whether claimant is a Convention refugee under IRPA
2 Credibility and weight of claimant's evidence and expert reports
3 Whether alleged persecution was on account of sexual orientation

Ratio Decidendi

Court Disposition

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