AA1-00163

AA1-00163

The panel accepted the claimant as in need of protection because independent documentary evidence confirmed he was targeted in a blood feud, there was a reasonable chance he could be sought and murdered throughout Albania, internal flight was not a viable alternative, and state protection was inadequate.

Citation
AA1-00163
Parties
Claimant: XXXXXXXXX; Claimant's Counsel: David Morris; Refugee Protection Officer: Jerome Ruault; Panel Member: Dale L. Noseworthy; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 March 2003
Procedural Posture
Refugee Protection Claim / Hearing and Determination (oral Decision With Written Reasons)
Outcome
Claim accepted; claimant found to be in need of protection (Convention refugee)
Legal Topics
Convention Refugee, Blood Feud, State Protection, Internal Flight Alternative, Risk to Life
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Blood Feud State Protection Internal Flight Alternative Risk to Life

Case Brief

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Parties

XXXXXXXXX

Claimant

David Morris

Claimant's Counsel

Jerome Ruault

Refugee Protection Officer

Dale L. Noseworthy

Panel Member

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim / Hearing and Determination (oral Decision With Written Reasons)

Legal Issues

  1. 1 Whether claimant is a Convention refugee due to risk from a blood feud
  2. 2 Whether an internal flight alternative exists
  3. 3 Whether state protection in Albania is adequate

Ratio Decidendi

The panel accepted the claimant as in need of protection because independent documentary evidence confirmed he was targeted in a blood feud, there was a reasonable chance he could be sought and murdered throughout Albania, internal flight was not a viable alternative, and state protection was inadequate.

Court Disposition

Claim accepted; claimant found to be in need of protection (Convention refugee)

Orders

  • Claim for protection accepted; Convention refugee status granted