TB0-08026

The claimant's testimony was found not credible due to material omissions, inconsistencies and lack of persuasive documentary evidence; because there is no objective basis for his alleged fear of persecution by the named family or associates, he is neither a Convention refugee nor a person in need of protection under ss.97(1)(a) or 97(1)(b) IRPA.

Citation: TB0-08026
Parties: Claimant: XXXX XXXX; Respondent: Canada (Minister)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 15 August 2012
Procedural Posture: Refugee Protection Claim Under IRPA / Refugee Protection Division Decision (final)
Outcome: Claim rejected; claimant is not a Convention refugee and not a person in need of protection under ss.97(1)(a) or 97(1)(b) IRPA
Legal Topics: Credibility Assessment, Well Founded Fear, Convention Refugee Determination, Section 97 IRPA Protection, Evidence and Documentary Proof, Blood Feud/alleged Private Actor Persecution
Source Language: English

Immigration Law Refugee Law Administrative Law Credibility Assessment Well Founded Fear Convention Refugee Determination Section 97 IRPA Protection Evidence and Documentary Proof +1 more

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Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2

Parties

XXXX XXXX

Claimant

Canada (Minister)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Refugee Protection Division Decision (final)

Legal Issues

1 Whether claimant is a credible witness
2 Whether claimant has a subjective fear of persecution
3 Whether claimant's fear has an objective basis in Albania

Ratio Decidendi

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection under ss.97(1)(a) or 97(1)(b) IRPA