TB0-03675

TB0-03675

The panel rejected the claimant's evidence as not credible and found, on the balance of probabilities, that effective state protection exists in Kosovo (including local police, courts and EULEX), that an internal flight alternative in Pristina is available, and that there are no substantial grounds to believe the claimant would face persecution, torture or cruel and unusual treatment; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB0-03675
Parties
Claimant: XXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 January 2012
Procedural Posture
Refugee Protection Claim Under IRPA (ss. 96 and 97(1)) / Hearing and Final Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection; removal not precluded.
Legal Topics
State Protection, Forced Abortion, Forced Marriage, Internal Flight Alternative, Credibility Assessment, Risk of Torture/non Refoulement, Convention Refugee Status
Source Language
English
Immigration Refugee Law Human Rights State Protection Forced Abortion Forced Marriage Internal Flight Alternative Credibility Assessment +2 more

Case Brief

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Parties

XXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA (ss. 96 and 97(1)) / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether effective state protection is available in Kosovo
  3. 3 Whether the claimant faces a personal risk of forced abortion or forced marriage

Ratio Decidendi

The panel rejected the claimant's evidence as not credible and found, on the balance of probabilities, that effective state protection exists in Kosovo (including local police, courts and EULEX), that an internal flight alternative in Pristina is available, and that there are no substantial grounds to believe the claimant would face persecution, torture or cruel and unusual treatment; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection; removal not precluded.

Orders

  • Claimant's refugee claim rejected; no protection granted