MB1-06599

MB1-06599

The claim is rejected because the tribunal found the claimant not credible on material aspects of his testimony and, alternatively, concluded that Albania offers adequate state protection for blood-feud related threats; the claimant failed to rebut the presumption of state protection by clear and convincing evidence and did not exhaust available domestic remedies (police complaints).

Citation
MB1-06599
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 October 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
State Protection, Credibility, Blood Feud, Internal Flight Alternative, Convention Refugee Status
Source Language
English
Immigration Refugee Law Criminal Law Administrative Law State Protection Credibility Blood Feud Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Availability and adequacy of state protection in Albania
  3. 3 Whether claimant qualifies as a Convention refugee or a person in need of protection

Ratio Decidendi

The claim is rejected because the tribunal found the claimant not credible on material aspects of his testimony and, alternatively, concluded that Albania offers adequate state protection for blood-feud related threats; the claimant failed to rebut the presumption of state protection by clear and convincing evidence and did not exhaust available domestic remedies (police complaints).

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected; not a Convention refugee nor a person in need of protection.