TA9-24486

TA9-24486

The claimant's account was not credible and lacked independent corroboration; even if abuse occurred, documentary evidence showed Albania has functioning legal mechanisms (Domestic Violence Law and protection orders) and thus provides adequate state protection; therefore the claimant is neither a Convention refugee nor a person in need of protection under ss.97(1)(a) or 97(1)(b) of IRPA.

Citation
TA9-24486
Parties
Claimant: XXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 October 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refusal)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection under ss.97(1)(a) and 97(1)(b) of the Immigration and Refugee Protection Act.
Legal Topics
Domestic Violence, State Protection, Protection Orders, Gender Based Persecution, Arranged Marriage, Credibility Findings
Source Language
English
Refugee Law Immigration Law Family Law Human Rights Law Domestic Violence State Protection Protection Orders Gender Based Persecution +2 more

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Parties

XXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refusal)

Legal Issues

  1. 1 Credibility of claimant's account
  2. 2 Whether claimant has objectively well-founded fear of persecution
  3. 3 Availability and adequacy of state protection in Albania

Ratio Decidendi

The claimant's account was not credible and lacked independent corroboration; even if abuse occurred, documentary evidence showed Albania has functioning legal mechanisms (Domestic Violence Law and protection orders) and thus provides adequate state protection; therefore the claimant is neither a Convention refugee nor a person in need of protection under ss.97(1)(a) or 97(1)(b) of IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection under ss.97(1)(a) and 97(1)(b) of the Immigration and Refugee Protection Act.