TA6-15011

TA6-15011

The claims were dismissed because the Tribunal found on the balance of probabilities that the claimant failed to establish nexus to a Convention ground, key elements of his testimony lacked credibility (notably his account of self‑confinement and inconsistent descriptions of attacks), and he failed to rebut the presumption of state protection in Albania given legal reforms and mechanisms addressing blood feuds.

Citation
TA6-15011
Parties
Principal Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 October 2009
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Refused. Principal and minor claimant not Convention refugees and not persons in need of protection.
Legal Topics
Blood Feud, Nexus, Credibility, Protection Elsewhere, Disjoinder of Claims
Source Language
English
Immigration and Refugee Protection Refugee Law Asylum State Protection Blood Feud Nexus Credibility Protection Elsewhere +1 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant established nexus between alleged harm and a Convention ground
  2. 2 Credibility of principal claimant's account of self‑confinement and attacks
  3. 3 Whether effective state protection in Albania was available or the presumption of protection was rebutted

Ratio Decidendi

The claims were dismissed because the Tribunal found on the balance of probabilities that the claimant failed to establish nexus to a Convention ground, key elements of his testimony lacked credibility (notably his account of self‑confinement and inconsistent descriptions of attacks), and he failed to rebut the presumption of state protection in Albania given legal reforms and mechanisms addressing blood feuds.

Court Disposition

Refused. Principal and minor claimant not Convention refugees and not persons in need of protection.

Orders

  • Refuse refugee protection claims of the principal claimant and the minor claimant
  • Disjoin spouse's claim (procedural action recorded during resumed hearing)