TA2-18801

TA2-18801

Claim dismissed because the claimant's evidence was not credible on material points (inconsistencies between POE notes, PIF and testimony, lack of corroboration), and independent country documentation did not establish that ordinary supporters of the opposition or members of the claimant's social/family group face persecution in Albania; therefore claimant failed to prove a well-founded fear of persecution or substantial grounds for torture risk and did not meet the balance of probabilities for personal risk.

Citation
TA2-18801
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer / Respondent Representative: C. McCuaig
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 July 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Decision Following Hearing (refugee Protection Division)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Convention Refugee Status, Person in Need of Protection, Torture (cat), Political Opinion, Persecution, Social Group / Family
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Law Credibility Convention Refugee Status Person in Need of Protection Torture (cat) +3 more

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Parties

XXXXX XXXXX

Claimant

C. McCuaig

Refugee Protection Officer / Respondent Representative

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Decision Following Hearing (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant's fear of persecution based on his father's political affiliation and perceived wealth is credible and establishes a Convention ground
  2. 2 Whether supporters or ordinary members of the Democratic Party (opposition) face persecution in Albania such that the claimant would be at risk
  3. 3 Whether the claimant, on the balance of probabilities, would face risk to life, cruel and unusual treatment, or torture (CAT) if returned

Ratio Decidendi

Claim dismissed because the claimant's evidence was not credible on material points (inconsistencies between POE notes, PIF and testimony, lack of corroboration), and independent country documentation did not establish that ordinary supporters of the opposition or members of the claimant's social/family group face persecution in Albania; therefore claimant failed to prove a well-founded fear of persecution or substantial grounds for torture risk and did not meet the balance of probabilities for personal risk.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.