TA9-16882

TA9-16882

The panel rejected the claims because the alleged blood feud did not establish a nexus to a Convention ground per precedent and because the principal claimant's testimony and documentary evidence were found not credible or corroborated; accordingly there is no reasonable chance of persecution and no substantial risk under s.97(1)(b).

Citation
TA9-16882
Parties
Principal Claimant: XXXXXXXXX; Claimant: XXXXXXXXXXXX; Claimant: XXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 October 2011
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Reasons and Decision Following Hearings (claim Rejected)
Outcome
Claims rejected: claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1)(b).
Legal Topics
Convention Refugee Determination, Person in Need of Protection (s.97(1)(b)), Nexus to Convention Ground, Credibility and Corroboration, Blood Feud Claims
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Determination Person in Need of Protection (s.97(1)(b)) Nexus to Convention Ground Credibility and Corroboration Blood Feud Claims

Case Brief

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Parties

XXXXXXXXX

Principal Claimant

XXXXXXXXXXXX

Claimant

XXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Reasons and Decision Following Hearings (claim Rejected)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 of IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1)(b) of IRPA
  3. 3 Whether an alleged blood feud establishes nexus to a Convention ground

Ratio Decidendi

The panel rejected the claims because the alleged blood feud did not establish a nexus to a Convention ground per precedent and because the principal claimant's testimony and documentary evidence were found not credible or corroborated; accordingly there is no reasonable chance of persecution and no substantial risk under s.97(1)(b).

Court Disposition

Claims rejected: claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1)(b).

Orders

  • Claims rejected; removal to Albania permitted as removal would not subject claimants to torture, risk to life, or cruel and unusual treatment