TA3-04691

TA3-04691

The decision rests on the finding that credible, impartial documentary evidence outweighs the uncorroborated claimant testimony, there is no evidence of systematic persecution of persons with the claimants' political profile or family membership in Albania, and therefore the claimants failed to establish a well-founded fear of persecution or personal risk of torture or cruel and unusual treatment on return.

Citation
TA3-04691
Parties
Principal Claimant: XXXXX XXXXX; Female Claimant: XXXXX XXXXX; Refugee Protection Officer: C. McCuaig
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 April 2005
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision at Refugee Protection Division
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee, Particular Social Group, Political Opinion, Family Membership, Country Conditions, Credibility and Corroboration, State Protection
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Particular Social Group Political Opinion Family Membership Country Conditions +2 more

Case Brief

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Female Claimant

C. McCuaig

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimants established an objective basis for fear of persecution due to affiliation with the Legality Party
  2. 2 Whether claimants are persons in need of protection (risk to life, cruel and unusual treatment, or torture)

Ratio Decidendi

The decision rests on the finding that credible, impartial documentary evidence outweighs the uncorroborated claimant testimony, there is no evidence of systematic persecution of persons with the claimants' political profile or family membership in Albania, and therefore the claimants failed to establish a well-founded fear of persecution or personal risk of torture or cruel and unusual treatment on return.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection