TC0-09403

TC0-09403

The RPD erred by dismissing the Appellants' credible testimony for lack of corroboration and by finding state protection and internal relocation available; on balance of probabilities the Principal Appellant was drugged, raped and threatened with forced prostitution, the police failed to protect them, state protection in Albania is operationally inadequate, internal relocation is not viable, and therefore the Appellants are Convention refugees.

Citation
TC0-09403
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 April 2021
Procedural Posture
Refugee Appeal Convention Refugee Determination / Final Decision (substitution)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Gender Based Persecution, Burden of Proof
Source Language
English
Refugee Law Immigration Law Human Rights Administrative Law Credibility Assessment State Protection Internal Flight Alternative Gender Based Persecution +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Convention Refugee Determination / Final Decision (substitution)

Legal Issues

  1. 1 Whether the RPD erred in finding the Appellants not credible
  2. 2 Whether state protection in Albania is adequate
  3. 3 Whether a viable internal flight alternative exists

Ratio Decidendi

The RPD erred by dismissing the Appellants' credible testimony for lack of corroboration and by finding state protection and internal relocation available; on balance of probabilities the Principal Appellant was drugged, raped and threatened with forced prostitution, the police failed to protect them, state protection in Albania is operationally inadequate, internal relocation is not viable, and therefore the Appellants are Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed
  • Substituted decision: the Appellants are Convention refugees