MA9-11992

MA9-11992

The tribunal rejected the claim because it found the claimant not credible on material aspects of his narrative and, in the alternative, concluded that even if the events occurred, the claimant failed to rebut the presumption of adequate state protection in Kosovo by taking reasonable steps to seek protection; evidence (including the National Documentation Package) indicated sufficiency of protection and internal relocation options, so the claimant did not meet the burden to qualify as a Convention refugee or person in need of protection.

Citation
MA9-11992
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 December 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision After Hearing (oral Hearing Oct 18, 2011; Decision Dec 15, 2011)
Outcome
Refugee claim rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Credibility, State Protection, Persecution, Internal Relocation/alternative, Failure to Seek Protection, Psychological Evidence
Source Language
English
Immigration Refugee Protection Asylum State Protection Humanitarian Protection Credibility Persecution Internal Relocation/alternative +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision After Hearing (oral Hearing Oct 18, 2011; Decision Dec 15, 2011)

Legal Issues

  1. 1 Whether claimant's testimony is credible
  2. 2 Whether state protection in Kosovo was available and adequate
  3. 3 Whether claimant exhausted domestic remedies or sought protection from authorities

Ratio Decidendi

The tribunal rejected the claim because it found the claimant not credible on material aspects of his narrative and, in the alternative, concluded that even if the events occurred, the claimant failed to rebut the presumption of adequate state protection in Kosovo by taking reasonable steps to seek protection; evidence (including the National Documentation Package) indicated sufficiency of protection and internal relocation options, so the claimant did not meet the burden to qualify as a Convention refugee or person in need of protection.

Court Disposition

Refugee claim rejected; claimant is not a Convention refugee nor a person in need of protection