TB2-12957

TB2-12957

The panel accepted the claimants' credibility and subjective fear but concluded on the balance of probabilities that Kosovo's state institutions are willing and able to provide protection; therefore the claimants did not establish an objectively well-founded fear and are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Citation
TB2-12957
Parties
Principal Claimant: XXXX XXXX; Spouse: XXXX XXXX; Child: XXXX; Child: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 March 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Refugee Claim (merits)
Outcome
Claims rejected
Legal Topics
Convention Refugee, Protection Claim, State Protection, Credibility Assessment, Objective Well Founded Fear
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Protection Claim State Protection Credibility Assessment Objective Well Founded Fear

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Spouse

XXXX

Child

XXXX XXXX

Child

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Refugee Claim (merits)

Legal Issues

  1. 1 Whether the claimants are Convention refugees within the meaning of s.96 IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether the claimants' subjective fear is objectively well-founded

Ratio Decidendi

The panel accepted the claimants' credibility and subjective fear but concluded on the balance of probabilities that Kosovo's state institutions are willing and able to provide protection; therefore the claimants did not establish an objectively well-founded fear and are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Claims rejected

Orders

  • Claims are rejected; claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) of the IRPA