MA9-10415

MA9-10415

The claim was rejected because, on a balance of probabilities, the panel found the claimant's testimony that he is homosexual not credible due to unreasonable delay in claiming protection, inconsistencies regarding contact and documentary evidence, lack of corroboration, and implausible conduct in Canada; therefore the claimant failed to discharge the burden to show a serious possibility of persecution on return and is not a Convention refugee or person in need of protection under s.97 IRPA.

Citation
MA9-10415
Parties
Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 March 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection under section 97 of the IRPA.
Legal Topics
Sexual Orientation, Particular Social Group, Convention Refugee, Credibility Assessment, Delay in Claiming, Persecution by Family, Burden of Proof, Country Condition (senegal)
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Sexual Orientation Particular Social Group Convention Refugee Credibility Assessment +4 more

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Parties

XXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or a person in need of protection under ss.96-97 IRPA
  2. 2 Whether the claimant's testimony that he is homosexual is credible
  3. 3 Whether delay and other inconsistencies undermine the claimant's subjective fear of persecution

Ratio Decidendi

The claim was rejected because, on a balance of probabilities, the panel found the claimant's testimony that he is homosexual not credible due to unreasonable delay in claiming protection, inconsistencies regarding contact and documentary evidence, lack of corroboration, and implausible conduct in Canada; therefore the claimant failed to discharge the burden to show a serious possibility of persecution on return and is not a Convention refugee or person in need of protection under s.97 IRPA.

Court Disposition

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

Orders

  • Claim dismissed — not a Convention refugee or person in need of protection under section 97 of the Immigration and Refugee Protection Act