MA9-10395

MA9-10395

The claimant's evidence was not credible and failed to establish a nexus between the alleged incidents and her sexual orientation; the reported incidents were neither shown to be sufficiently severe nor impossible to avoid via internal relocation; therefore she did not meet the threshold for a Convention refugee or a person in need of protection.

Citation
MA9-10395
Parties
Claimant: XXXX XXXX; Claimant's Counsel: Me Claudia Andrea Molina; Decision Maker: Normand Leduc; Tribunal Officer: Jacqueline La
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 December 2012
Procedural Posture
Refugee Protection Claim (rpd) / Merits Decision After Hearing
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Sexual Orientation, Lesbian, Discrimination, Credibility, Internal Flight Alternative, Personal Information Form Omissions, Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Sexual Orientation Lesbian Discrimination Credibility +3 more

Case Brief

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Parties

XXXX XXXX

Claimant

Me Claudia Andrea Molina

Claimant's Counsel

Normand Leduc

Decision Maker

Jacqueline La

Tribunal Officer

Procedural Posture

Refugee Protection Claim (rpd) / Merits Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether claimant established nexus between alleged harms and sexual orientation

Ratio Decidendi

The claimant's evidence was not credible and failed to establish a nexus between the alleged incidents and her sexual orientation; the reported incidents were neither shown to be sufficiently severe nor impossible to avoid via internal relocation; therefore she did not meet the threshold for a Convention refugee or a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected