TC0-04668

The appeal is allowed because the appellants credibly established a forward-looking risk of persecution from a blood feud, the presumption of state protection was rebutted with clear and convincing evidence given corruption and insufficient protection, and internal relocation to Shkoder is not viable; therefore they are Convention refugees.

Citation: TC0-04668
Parties: Principal Appellant: XXXX XXXX XXXXXXXX XXXX; Minor Appellant: XXXX XXXX
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 1 November 2020
Procedural Posture: Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome: Appeal allowed; substituted decision that the appellants are Convention refugees
Legal Topics: Convention Refugee, State Protection, Internal Flight Alternative, Blood Feud, Family as Particular Social Group
Source Language: English

Immigration Law Refugee Law Human Rights Convention Refugee State Protection Internal Flight Alternative Blood Feud Family as Particular Social Group

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Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

1 Credibility of the appellants' allegations
2 Whether the presumption of state protection was rebutted
3 Whether a viable internal flight alternative exists in Shkoder

Ratio Decidendi

Court Disposition

Appeal allowed; substituted decision that the appellants are Convention refugees

Orders

Substitute decision: Appellants declared Convention refugees