TB9-32683

TB9-32683

The RPD erred. The Appellants' account was credible and corroborated; they rebutted the presumption of state protection with clear and convincing evidence given prior failed police assistance, systemic corruption and insufficient protection for blood feud victims and for women; no internal flight alternative exists because perpetrators have means and motivation to locate them; therefore the Appellants meet the Convention refugee definition as members of the Principal Appellant's family (particular social group) and the Associate Appellant also on account of her gender.

Citation
TB9-32683
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 September 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (substitution of RPD Decision)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Blood Feud
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Gender Based Violence Convention Refugee Particular Social Group State Protection +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (substitution of RPD Decision)

Legal Issues

  1. 1 Credibility of appellants' allegations
  2. 2 Availability of state protection in Albania
  3. 3 Existence of a viable internal flight alternative

Ratio Decidendi

The RPD erred. The Appellants' account was credible and corroborated; they rebutted the presumption of state protection with clear and convincing evidence given prior failed police assistance, systemic corruption and insufficient protection for blood feud victims and for women; no internal flight alternative exists because perpetrators have means and motivation to locate them; therefore the Appellants meet the Convention refugee definition as members of the Principal Appellant's family (particular social group) and the Associate Appellant also on account of her gender.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed
  • Substitute decision: Appellants are Convention refugees