TA8-02285

TA8-02285

The claim is dismissed because the Tribunal found the claimant not credible due to material inconsistencies and omissions between his oral testimony and the PIF and lack of corroborating evidence; on that basis the claimant failed to establish a well‑founded fear of persecution for sexual orientation and failed to demonstrate he is a person in need of protection under IRPA ss.96 and 97(1).

Citation
TA8-02285
Parties
Claimant: XXXX XXXXX; Minister: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 March 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Before Refugee Protection Division; Decision Rendered (final)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Sexual Orientation, Credibility Assessment, Persecution, State Protection, Evidence and Corroboration, Procedural Adjournment
Source Language
English
Immigration Refugee Protection Administrative Law Human Rights Sexual Orientation Credibility Assessment Persecution State Protection +2 more

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Parties

XXXX XXXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Before Refugee Protection Division; Decision Rendered (final)

Legal Issues

  1. 1 Whether claimant has a well‑founded fear of persecution in Moldova based on sexual orientation (membership in a particular social group)
  2. 2 Whether claimant is a person in need of protection (risk to life, torture or cruel and unusual treatment) under IRPA s.97(1)
  3. 3 Whether claimant's evidence is credible and sufficiently corroborated

Ratio Decidendi

The claim is dismissed because the Tribunal found the claimant not credible due to material inconsistencies and omissions between his oral testimony and the PIF and lack of corroborating evidence; on that basis the claimant failed to establish a well‑founded fear of persecution for sexual orientation and failed to demonstrate he is a person in need of protection under IRPA ss.96 and 97(1).

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim denied
  • No protection granted under Immigration and Refugee Protection Act ss.96 and 97(1)