TA6-06707

TA6-06707

The tribunal found on the evidence — arrests, detention, prosecutions, and contemporaneous country reports showing KPS/UNMIK effectiveness — that Kosova has provided and will provide adequate, though imperfect, protection; the claimant's allegations of state collusion lacked credibility; therefore the refugee claim is rejected under sections 96 and 97 IRPA.

Citation
TA6-06707
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 April 2007
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim rejected
Legal Topics
State Protection, Blood Feud/reprisal, Credibility Findings, Prosecution and Policing, Application of Sections 96 and 97 IRPA
Source Language
English
Immigration Refugee Law Criminal Law International Administration (unmik) State Protection Blood Feud/reprisal Credibility Findings Prosecution and Policing +1 more

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Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the state of Kosova is unwilling or unable to provide adequate protection
  2. 2 Whether the claimant's allegations of state collusion and special connections are credible
  3. 3 Whether the claimant faces a well-founded fear of persecution due to a blood feud

Ratio Decidendi

The tribunal found on the evidence — arrests, detention, prosecutions, and contemporaneous country reports showing KPS/UNMIK effectiveness — that Kosova has provided and will provide adequate, though imperfect, protection; the claimant's allegations of state collusion lacked credibility; therefore the refugee claim is rejected under sections 96 and 97 IRPA.

Court Disposition

Claim rejected

Orders

  • Refugee claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act