TA1-03789

TA1-03789

On the record and documentary evidence the panels finds Albania's country conditions have improved such that there is not a serious possibility of persecution of the principal claimant for political opinion nor substantial grounds to believe she would face torture or cruel and unusual treatment; conversely the brother's documented severe past mistreatment combined with psychiatric evidence of Major Depression, anxiety and PTSD constitute compelling reasons under s.108(4) and establish a well-founded fear of persecution, therefore the principal claimant's claim is rejected and the brother's claim is accepted.

Citation
TA1-03789
Parties
Principal Claimant: XXXXX XXXXX; Principal Claimant's Brother: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 March 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Decision of the Refugee Protection Division After Hearings
Outcome
Claim of principal claimant rejected; claim of principal claimant's brother accepted.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Political Opinion Persecution, Change of Circumstances, Compelling Reasons (s.108(4) Irpa), Torture, Cruel and Unusual Treatment, Arbitrary Arrest and Detention, Medical/psychiatric Evidence, Post Traumatic Stress Disorder
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Person in Need of Protection Political Opinion Persecution Change of Circumstances +6 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Principal Claimant's Brother

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Decision of the Refugee Protection Division After Hearings

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee
  2. 2 Whether the principal claimant's brother is a Convention refugee
  3. 3 Whether the principal claimant is a person in need of protection (risk of torture or cruel and unusual treatment)

Ratio Decidendi

On the record and documentary evidence the panels finds Albania's country conditions have improved such that there is not a serious possibility of persecution of the principal claimant for political opinion nor substantial grounds to believe she would face torture or cruel and unusual treatment; conversely the brother's documented severe past mistreatment combined with psychiatric evidence of Major Depression, anxiety and PTSD constitute compelling reasons under s.108(4) and establish a well-founded fear of persecution, therefore the principal claimant's claim is rejected and the brother's claim is accepted.

Court Disposition

Claim of principal claimant rejected; claim of principal claimant's brother accepted.

Orders

  • Claim of XXXXX XXXXX (principal claimant) is rejected.
  • Claim of XXXXX XXXXX (principal claimant's brother) is accepted.