TA3-12817

TA3-12817

The claimant failed to establish a well‑founded fear of persecution or a personal risk to life/cruel and unusual treatment because he produced no evidence of current personal risk, documentary evidence showed fundamental and durable improvements in Macedonia (Ohrid Agreement, constitutional reform, multi‑ethnic government and NATO presence), and internal relocation would mitigate risk; therefore he is not a Convention refugee nor a person in need of protection.

Citation
TA3-12817
Parties
Claimant: XXXXXXXXXXXXXX; Refugee Protection Officer: K. Escobar; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 July 2004
Procedural Posture
Refugee Protection Claim (subsections 96 and 97, Immigration and Refugee Protection Act) / Decision After Hearing (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Ethnic Persecution, Religion, Change of Country Conditions, State Protection, Internal Relocation, Standard of Proof
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Ethnic Persecution Religion Change of Country Conditions +3 more

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Parties

XXXXXXXXXXXXXX

Claimant

K. Escobar

Refugee Protection Officer

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (subsections 96 and 97, Immigration and Refugee Protection Act) / Decision After Hearing (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on Albanian ethnicity and Muslim religion
  2. 2 Whether claimant faces a personal risk to life or risk of cruel and unusual treatment on return to Macedonia
  3. 3 Whether internal relocation within Macedonia would avoid the risk

Ratio Decidendi

The claimant failed to establish a well‑founded fear of persecution or a personal risk to life/cruel and unusual treatment because he produced no evidence of current personal risk, documentary evidence showed fundamental and durable improvements in Macedonia (Ohrid Agreement, constitutional reform, multi‑ethnic government and NATO presence), and internal relocation would mitigate risk; therefore he is not a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Claim rejected
  • No protection granted