TA4-16341

TA4-16341

The panel found that although Albanian police were ineffective in the late 1990s, their investigative and prosecutorial response in spring 2002 (hospital investigation, photographic identification, arrest, guilty plea and two-year sentence) demonstrated adequate state protection; the claimant failed to rebut the presumption of state protection and did not re-engage or exhaust available state remedies after 2002, therefore his refugee claim fails.

Citation
TA4-16341
Parties
Claimant: XXXXX XXXXX; Respondent / State Representative: Refugee Protection Officer; Representing Minister: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Negative Decision (oral Decision July 6, 2006; Written Reasons July 27, 2006)
Outcome
Claim for refugee protection rejected
Legal Topics
State Protection, Internal Protection Alternative, Credibility, Risk Assessment, Exhaustion of Local Remedies
Source Language
English
Immigration Refugee Law Asylum State Protection Criminal Justice Internal Protection Alternative Credibility Risk Assessment +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent / State Representative

Minister's Counsel

Representing Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Negative Decision (oral Decision July 6, 2006; Written Reasons July 27, 2006)

Legal Issues

  1. 1 Whether the presumption of state protection in Albania has been rebutted
  2. 2 Whether Albania provided adequate protection after 2002 to defeat the claimant's fear
  3. 3 Whether the claimant exhausted local remedies or reasonably failed to do so

Ratio Decidendi

The panel found that although Albanian police were ineffective in the late 1990s, their investigative and prosecutorial response in spring 2002 (hospital investigation, photographic identification, arrest, guilty plea and two-year sentence) demonstrated adequate state protection; the claimant failed to rebut the presumption of state protection and did not re-engage or exhaust available state remedies after 2002, therefore his refugee claim fails.

Court Disposition

Claim for refugee protection rejected

Orders

  • Claim for refugee protection rejected pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act