TA7-11288

TA7-11288

Claimants failed to rebut the presumption that Albania can and will provide adequate protection against blood-feud violence and honour-related crimes; documentary evidence of Albanian laws, police capacity, prosecutions and declining blood-feud deaths showed state protection reasonably available; therefore claimants are not Convention refugees under s.96 and are not persons in need of protection under s.97(1)(b) and removal is permitted.

Citation
TA7-11288
Parties
Principal Claimant: XXXXX XXXXX; Husband / Co Claimant: XXXXX XXXXX; Minor Co Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 May 2009
Procedural Posture
Refugee Protection Claim (irpa) / Final Decision of Refugee Protection Division (reasons and Decision Issued May 7, 2009)
Outcome
Claims rejected: not Convention refugees under s.96 IRPA and not persons in need of protection under s.97(1) IRPA; removal to Albania permitted for Albanian citizens; US citizen's claim also rejected as no claim against the United States advanced.
Legal Topics
Forced Marriage, Honour Killing, Blood Feud, State Protection, Particular Social Group, Gender Based Persecution, Risk to Life, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law Forced Marriage Honour Killing Blood Feud State Protection Particular Social Group +3 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Husband / Co Claimant

XXXXX XXXXX

Minor Co Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Final Decision of Refugee Protection Division (reasons and Decision Issued May 7, 2009)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 of IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1)(b) of IRPA
  3. 3 Whether Albania can and will provide state protection against blood feud/honour killings

Ratio Decidendi

Claimants failed to rebut the presumption that Albania can and will provide adequate protection against blood-feud violence and honour-related crimes; documentary evidence of Albanian laws, police capacity, prosecutions and declining blood-feud deaths showed state protection reasonably available; therefore claimants are not Convention refugees under s.96 and are not persons in need of protection under s.97(1)(b) and removal is permitted.

Court Disposition

Claims rejected: not Convention refugees under s.96 IRPA and not persons in need of protection under s.97(1) IRPA; removal to Albania permitted for Albanian citizens; US citizen's claim also rejected as no claim against the United States advanced.

Orders

  • Refugee Protection Division rejects the refugee protection claims of XXXXX XXXXX, XXXXX XXXXX and XXXXX XXXXX (May 7, 2009)
  • No claim against the United States was advanced for the United States citizen co-claimant; claim rejected