TB5-01896

TB5-01896

The RAD confirmed the RPD because the Appellants failed to rebut the presumption of available state protection in Kosovo with clear and convincing evidence; the Principal Appellant's failure to report alleged assaults and the alleged attempted kidnapping, and the absence of new evidence, rendered their claim of inadequate state protection unproven, so they are neither Convention refugees nor persons in need of protection.

Citation
TB5-01896
Parties
Principal Appellant: XXXX XXXX; Co Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 May 2015
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) Following Refugee Protection Division Decision
Outcome
Appeal dismissed; RAD confirms RPD decision that Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Burden of Proof, Credibility Findings, Standard of Appellate Review
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Burden of Proof Credibility Findings Standard of Appellate Review

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) Following Refugee Protection Division Decision

Legal Issues

  1. 1 Whether adequate state protection was available in Kosovo
  2. 2 Whether Appellants rebutted presumption of state protection with clear and convincing evidence
  3. 3 Credibility of Appellants' explanations for not seeking state protection

Ratio Decidendi

The RAD confirmed the RPD because the Appellants failed to rebut the presumption of available state protection in Kosovo with clear and convincing evidence; the Principal Appellant's failure to report alleged assaults and the alleged attempted kidnapping, and the absence of new evidence, rendered their claim of inadequate state protection unproven, so they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that Appellants are neither Convention refugees nor persons in need of protection

Orders

  • The decision of the Refugee Protection Division dated January 22, 2015 is confirmed
  • The appeal is dismissed