MB0-06689

MB0-06689

On the evidence the tribunal accepted the claimants' credibility, found a personalized risk from a declared blood feud and concluded Albania cannot provide adequate protection given documented systemic judicial weakness and corruption; no viable internal flight alternative exists, therefore the family are persons in need of protection under s.97(1)(b); the minor who is a US national failed to establish risk in the USA and her claim is rejected.

Citation
MB0-06689
Parties
Principal Claimant: XXXX XXXX; Spouse: XXXX XXXX; Daughter: XXXX XXXX; Daughter (minor): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 May 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claims of XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX accepted as persons in need of protection under s.97(1)(b); claim of minor XXXX XXXX (US national) rejected.
Legal Topics
Blood Feud, State Protection, Internal Flight Alternative, Well Founded Fear, Person in Need of Protection, Credibility
Source Language
English
Immigration Law Refugee Law Blood Feud State Protection Internal Flight Alternative Well Founded Fear Person in Need of Protection Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Spouse

XXXX XXXX

Daughter

XXXX XXXX

Daughter (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Whether the blood feud against the claimant's family gives rise to a risk amounting to persecution/serious harm
  2. 2 Whether the Albanian state can provide adequate protection
  3. 3 Whether an internal flight alternative exists

Ratio Decidendi

On the evidence the tribunal accepted the claimants' credibility, found a personalized risk from a declared blood feud and concluded Albania cannot provide adequate protection given documented systemic judicial weakness and corruption; no viable internal flight alternative exists, therefore the family are persons in need of protection under s.97(1)(b); the minor who is a US national failed to establish risk in the USA and her claim is rejected.

Court Disposition

Claims of XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX accepted as persons in need of protection under s.97(1)(b); claim of minor XXXX XXXX (US national) rejected.

Orders

  • Claims accepted for XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX under s.97(1)(b) of the IRPA
  • Claim of minor XXXX XXXX rejected