MA9-04685

MA9-04685

The claim was dismissed because the panel found the claimant not credible and concluded he failed to rebut the presumption of state protection for Kosovo by not exhausting reasonable avenues for protection; evidence (UNMIK/KPS operational guidance) indicated adequate protection mechanisms for minorities and the claimant did not make sufficient efforts to seek them.

Citation
MA9-04685
Parties
Claimant: XXXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 November 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (hearing Concluded)
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics
State Protection, Credibility, Ethnic Persecution, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Ethnic Persecution Convention Refugee Determination

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Parties

XXXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (hearing Concluded)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee
  2. 2 Whether the claimant faces persecution on account of ethnicity (Ashkali)
  3. 3 Whether effective state protection was available in Kosovo

Ratio Decidendi

The claim was dismissed because the panel found the claimant not credible and concluded he failed to rebut the presumption of state protection for Kosovo by not exhausting reasonable avenues for protection; evidence (UNMIK/KPS operational guidance) indicated adequate protection mechanisms for minorities and the claimant did not make sufficient efforts to seek them.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee or a person in need of protection.

Orders

  • Refugee protection claim dismissed.
  • No relief granted to claimant under IRPA.