TA6-04617

TA6-04617

Claimants failed to rebut the presumption of state protection because documentary evidence shows Albania has criminalized and prosecuted blood feuds and taken measures to provide protection; vendetta-related criminality does not establish a Convention nexus; therefore the adults are not Convention refugees nor persons in need of protection and the minors' derivative claims fail.

Citation
TA6-04617
Parties
Claimant Adult: XXXXX XXXXX; Claimant Minor: XXXXX XXXXX; Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 January 2009
Procedural Posture
Refugee Protection Convention Refugee Determination / Decision (final)
Outcome
Claims dismissed. Adult claimants are not Convention refugees and not persons in need of protection; minor children are not Convention refugees and not persons in need of protection.
Legal Topics
Convention Refugee, State Protection, Blood Feud (vendetta), Particular Social Group, Change of Circumstances in Home Country, Risk of Torture, Derivative Claims (spouse and Children)
Source Language
English
Refugee Law Immigration Law Human Rights Law Convention Refugee State Protection Blood Feud (vendetta) Particular Social Group Change of Circumstances in Home Country +2 more

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Parties

XXXXX XXXXX

Claimant Adult

XXXXX XXXXX

Claimant Minor

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Refugee Protection Convention Refugee Determination / Decision (final)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the Albanian state provides protection and whether that presumption is rebutted
  3. 3 Whether blood feuds/vendettas amount to persecution linked to a Convention ground

Ratio Decidendi

Claimants failed to rebut the presumption of state protection because documentary evidence shows Albania has criminalized and prosecuted blood feuds and taken measures to provide protection; vendetta-related criminality does not establish a Convention nexus; therefore the adults are not Convention refugees nor persons in need of protection and the minors' derivative claims fail.

Court Disposition

Claims dismissed. Adult claimants are not Convention refugees and not persons in need of protection; minor children are not Convention refugees and not persons in need of protection.

Orders

  • Claims dismissed
  • Claims of minor children rejected