TB1-02469

TB1-02469

The claimant failed to rebut the presumption of adequate state protection in Albania by clear and convincing evidence and his testimony and documentation were undermined by implausibilities and omissions; accordingly he does not meet the legal tests for a Convention refugee under s.96 or a person in need of protection under s.97(1) of the IRPA.

Citation
TB1-02469
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 May 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refusal)
Outcome
Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) of the IRPA
Legal Topics
Blood Feuds, State Protection, Credibility Assessment, Convention Refugee Determination, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Blood Feuds State Protection Credibility Assessment Convention Refugee Determination +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant faces a serious possibility of persecution on a Convention ground
  2. 2 Whether state protection in Albania is inadequate such that claimant need not exhaust domestic remedies
  3. 3 Whether the claimant's testimony and documentary evidence are credible and sufficient to meet the burden of proof

Ratio Decidendi

The claimant failed to rebut the presumption of adequate state protection in Albania by clear and convincing evidence and his testimony and documentation were undermined by implausibilities and omissions; accordingly he does not meet the legal tests for a Convention refugee under s.96 or a person in need of protection under s.97(1) of the IRPA.

Court Disposition

Refugee claim rejected; claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) of the IRPA

Orders

  • Refugee protection claim refused; no protection granted