TA9-07169

TA9-07169

The claims were dismissed because the panel found the claimant's allegations not credible on the balance of probabilities due to repeated material inconsistencies between the PIF, RoE, psychological report and oral testimony, and because the claimant failed to rebut the presumption of state protection with clear and convincing evidence given objective country information showing functioning police, courts and ombudsman and the fact an accused was charged.

Citation
TA9-07169
Parties
Claimant: XXXXXX XXXXXXX; Minor Claimant: XXXXXX XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 May 2011
Procedural Posture
Refugee Protection Claim (irpa) / Final Decision After Hearing
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Gender Based Violence, State Protection, Credibility Assessment, Psychological Evidence, Dependency of Minor Claim
Source Language
English
Immigration Law Refugee Law Administrative Law Gender Based Violence State Protection Credibility Assessment Psychological Evidence Dependency of Minor Claim

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 8 Party arguments 2
Sign in to unlock

Parties

XXXXXX XXXXXXX

Claimant

XXXXXX XXXXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Final Decision After Hearing

Legal Issues

  1. 1 Credibility of claimant's allegations
  2. 2 Whether state protection in Kosovo was available
  3. 3 Standard and burden to rebut presumption of state protection

Ratio Decidendi

The claims were dismissed because the panel found the claimant's allegations not credible on the balance of probabilities due to repeated material inconsistencies between the PIF, RoE, psychological report and oral testimony, and because the claimant failed to rebut the presumption of state protection with clear and convincing evidence given objective country information showing functioning police, courts and ombudsman and the fact an accused was charged.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee claims of XXXXXX XXXXXXX and minor XXXXXX XXXXXXX rejected