TB8-04325

TB8-04325

The RPD erred in its credibility assessment by improperly requiring corroborative communications and in finding reavailment undermined fear; the Appellant provided credible, specific evidence including that the ex‑partner had police connections, the documentary record establishes lack of adequate state protection for victims of gender‑based violence in Albania, and internal relocation is not viable; accordingly the appeal is allowed and the decision is substituted finding the Appellant a Convention refugee.

Citation
TB8-04325
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 March 2021
Procedural Posture
Redetermination of Appeal / Reasons and Decision
Outcome
Appeal allowed; decision substituted: Appellant is a Convention refugee
Legal Topics
Convention Refugee, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Gender Based Persecution State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Redetermination of Appeal / Reasons and Decision

Legal Issues

  1. 1 Credibility of the Appellant's allegations
  2. 2 Whether the Appellant rebutted the presumption of state protection
  3. 3 Availability of a viable internal flight alternative

Ratio Decidendi

The RPD erred in its credibility assessment by improperly requiring corroborative communications and in finding reavailment undermined fear; the Appellant provided credible, specific evidence including that the ex‑partner had police connections, the documentary record establishes lack of adequate state protection for victims of gender‑based violence in Albania, and internal relocation is not viable; accordingly the appeal is allowed and the decision is substituted finding the Appellant a Convention refugee.

Court Disposition

Appeal allowed; decision substituted: Appellant is a Convention refugee

Orders

  • Substitute decision: Appellant declared a Convention refugee and entitled to protection