MB2-06248

The claimant's testimony was found not credible and, even if credible, he failed to rebut the presumption of adequate state protection in Albania because he did not pursue available state remedies; accordingly he is neither a Convention Refugee nor a person in need of protection and the claim is rejected.

Citation: MB2-06248
Parties: Claimant: XXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 23 January 2014
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Refugee Protection Division Hearing and Final Decision (hearing Nov 5, 2013; Decision Jan 23, 2014)
Outcome: Claim rejected; claimant is not a Convention Refugee nor a person in need of protection
Legal Topics: Convention Refugee, Person in Need of Protection, State Protection, Credibility, Blood Feud/internal Family Violence, Burden of Proof
Source Language: English

Immigration Refugee Law Convention Refugee Person in Need of Protection State Protection Credibility Blood Feud/internal Family Violence Burden of Proof

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Refugee Protection Division Hearing and Final Decision (hearing Nov 5, 2013; Decision Jan 23, 2014)

Legal Issues

1 Whether claimant is a Convention Refugee under s.96 IRPA
2 Whether claimant is a person in need of protection under s.97(1) IRPA
3 Whether claimant's evidence is credible

Ratio Decidendi

Court Disposition

Claim rejected; claimant is not a Convention Refugee nor a person in need of protection