VB3-02227

VB3-02227

Claim denied because the claimant's credibility was undermined by material inconsistencies and omissions, he failed to demonstrate by clear and convincing evidence that state protection in Albania was unavailable or ineffective despite contemporary objective country evidence of reforms and accountability; therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Citation
VB3-02227
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 November 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Reasons for Decision (tribunal Decision)
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
State Protection, Credibility, Blood Feud, Convention Refugee Status, Torture and Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights State Protection Credibility Blood Feud Convention Refugee Status +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Reasons for Decision (tribunal Decision)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under subsection 97(1) of the IRPA
  3. 3 Whether state protection in Albania is available and adequate

Ratio Decidendi

Claim denied because the claimant's credibility was undermined by material inconsistencies and omissions, he failed to demonstrate by clear and convincing evidence that state protection in Albania was unavailable or ineffective despite contemporary objective country evidence of reforms and accountability; therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Court Disposition

Claim denied; claimant is not a Convention refugee and not a person in need of protection