MA5-04660

MA5-04660

The claimant's testimony was found not credible and insufficiently detailed or corroborated to establish a serious possibility of persecution for political opinion or, on the balance of probabilities, a personal risk of torture or death; documentary country evidence and indications of state protection in Albania further undermine the claim, therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
MA5-04660
Parties
Claimant: XXXX XXXXXX; Refugee Protection Officer: Michel Byczak
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 March 2006
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection Claim / De Novo Hearing Decision
Outcome
Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, State Protection, Credibility, Family Feud, Blood Feuds, Risk of Torture
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Political Opinion State Protection Credibility +3 more

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Parties

XXXX XXXXXX

Claimant

Michel Byczak

Refugee Protection Officer

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection Claim / De Novo Hearing Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

The claimant's testimony was found not credible and insufficiently detailed or corroborated to establish a serious possibility of persecution for political opinion or, on the balance of probabilities, a personal risk of torture or death; documentary country evidence and indications of state protection in Albania further undermine the claim, therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not a person in need of protection.