TB6-05780

TB6-05780

The RAD independently reviewed the record and found the RPD's conclusion that Albania can provide adequate state protection was reasonable and supported by objective evidence (notably the Alston report and EU progress reports); the Appellants failed to seek state protection in Albania or provide clear and convincing evidence to rebut the presumption of protection, therefore the RPD's decision was confirmed and the appeal dismissed.

Citation
TB6-05780
Parties
Appellant Principal: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX; Appellant Spouse: XXXX XXXX; Appellant Minor Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 July 2016
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed that Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Credibility Findings, Standard of Review and Deference, Blood Feud / Family Violence
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Findings Standard of Review and Deference Blood Feud / Family Violence

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX

Appellant Principal

XXXX XXXX

Appellant Spouse

XXXX XXXX

Appellant Minor Child

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Decision

Legal Issues

  1. 1 Whether the Appellants rebutted the presumption of adequate state protection in Albania
  2. 2 Whether the RPD erred in its credibility findings such that the RAD should overturn the decision
  3. 3 What standard of review/deference the RAD must apply to RPD findings of fact and credibility

Ratio Decidendi

The RAD independently reviewed the record and found the RPD's conclusion that Albania can provide adequate state protection was reasonable and supported by objective evidence (notably the Alston report and EU progress reports); the Appellants failed to seek state protection in Albania or provide clear and convincing evidence to rebut the presumption of protection, therefore the RPD's decision was confirmed and the appeal dismissed.

Court Disposition

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

Orders

  • Pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act, the RAD confirms the RPD decision
  • No oral hearing ordered; appeal dismissed