TA5-07887

TA5-07887

The claimant's account was found not credible, there is no nexus between the alleged blood‑feud violence and a Convention ground, and on the documentary record the claimant failed to rebut the presumption that the Albanian state can provide adequate protection; therefore the claim is rejected as neither a Convention refugee claim nor a need for protection is established.

Citation
TA5-07887
Parties
Claimant: XXXXX XXXXX; Claimant Counsel: Patrick Roche; Refugee Protection Officer: A. Martin
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 November 2007
Procedural Posture
Immigration Refugee Claim Under Immigration and Refugee Protection Act Ss.96 and 97(1) / Refugee Protection Division Hearing and Decision (final Determination)
Outcome
Claim rejected; claimant is not a Convention refugee and is not in need of protection.
Legal Topics
Credibility Assessment, State Protection, Convention Refugee Definition, Blood Feuds, Well‑founded Fear
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment State Protection Convention Refugee Definition Blood Feuds Well‑founded Fear

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Parties

XXXXX XXXXX

Claimant

Patrick Roche

Claimant Counsel

A. Martin

Refugee Protection Officer

Procedural Posture

Immigration Refugee Claim Under Immigration and Refugee Protection Act Ss.96 and 97(1) / Refugee Protection Division Hearing and Decision (final Determination)

Legal Issues

  1. 1 Credibility of the claimant's account
  2. 2 Whether the claimed harm is linked to a Convention ground
  3. 3 Whether effective state protection is available

Ratio Decidendi

The claimant's account was found not credible, there is no nexus between the alleged blood‑feud violence and a Convention ground, and on the documentary record the claimant failed to rebut the presumption that the Albanian state can provide adequate protection; therefore the claim is rejected as neither a Convention refugee claim nor a need for protection is established.

Court Disposition

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

Orders

  • Refugee claim rejected; claimant is not a Convention refugee and not in need of protection.