TB0-11816

TB0-11816

On the balance of probabilities the Panel found that Albania could and did provide adequate state protection in the circumstances (police patrols, prosecutions and legal measures), claimant evidence contained material inconsistencies and family members remain in Albania, therefore claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97; claims rejected.

Citation
TB0-11816
Parties
Claimant: XXXXXX XXXXX; Designated Representative: XXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 April 2011
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Decision (refugee Protection Division)
Outcome
Claims rejected; claimants not Convention refugees under s.96 and not persons in need of protection under s.97
Legal Topics
Blood Feud, State Protection Adequacy, Credibility Findings, Convention Refugee S.96, Person in Need of Protection S.97, Minor/designated Representative
Source Language
English
Immigration Law Refugee Law State Protection Administrative Law Blood Feud State Protection Adequacy Credibility Findings Convention Refugee S.96 +2 more

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Parties

XXXXXX XXXXX

Claimant

XXXXXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution on Convention grounds
  2. 2 Whether removal would subject claimants to risk to life/cruel and unusual treatment/danger of torture under s.97
  3. 3 Whether state protection in Albania is adequate to rebut refugee claim

Ratio Decidendi

On the balance of probabilities the Panel found that Albania could and did provide adequate state protection in the circumstances (police patrols, prosecutions and legal measures), claimant evidence contained material inconsistencies and family members remain in Albania, therefore claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97; claims rejected.

Court Disposition

Claims rejected; claimants not Convention refugees under s.96 and not persons in need of protection under s.97

Orders

  • Claims rejected