TA2-26405

TA2-26405

Although the claimant was found credible and had experienced past incidents of abuse, objective documentary evidence indicated a significant decline in politically motivated persecution in Albania and no systemic targeting of Democratic Party members; therefore there was no serious possibility the claimant would be persecuted or subjected to torture or cruel and unusual treatment if returned, and the claim was rejected.

Citation
TA2-26405
Parties
Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 January 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision (hearing June 14, 2004; Decision January 6, 2005)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee Determination, Political Opinion Persecution, Risk of Torture, Well‑founded Fear, Credibility Findings, Change of Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Determination Political Opinion Persecution Risk of Torture Well‑founded Fear Credibility Findings +1 more

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Parties

XXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision (hearing June 14, 2004; Decision January 6, 2005)

Legal Issues

  1. 1 Whether claimant has a well‑founded fear of persecution based on political opinion or family ties
  2. 2 Whether claimant faces a personal risk of torture if returned
  3. 3 Whether claimant faces a risk to life or cruel and unusual treatment or punishment if returned

Ratio Decidendi

Although the claimant was found credible and had experienced past incidents of abuse, objective documentary evidence indicated a significant decline in politically motivated persecution in Albania and no systemic targeting of Democratic Party members; therefore there was no serious possibility the claimant would be persecuted or subjected to torture or cruel and unusual treatment if returned, and the claim was rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Claim rejected by Refugee Protection Division (decision dated January 6, 2005)