MA6-00395

MA6-00395

The claim is rejected because the claimant failed to establish on the balance of probabilities a well‑founded fear linked to a Convention ground or that it is more likely than not he would face torture, risk to life or cruel and unusual treatment on return; documentary evidence did not substantiate that the alleged perpetrators were in Albania or seeking him and key testimony was found not credible.

Citation
MA6-00395
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Respondent); Adjudicator: Jean Prévost
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 September 2006
Procedural Posture
Refugee Protection RPD / Decision After Hearing
Outcome
Claim rejected - not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Deportation, Persecution, Torture, Risk to Life, Cooperation With Authorities, Organized Crime
Source Language
English
Immigration Law Refugee Law Criminal Law Convention Refugee Person in Need of Protection Credibility Deportation Persecution +4 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Jean Prévost

Adjudicator

Procedural Posture

Refugee Protection RPD / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA s.96
  2. 2 Whether claimant is a person in need of protection under IRPA s.97
  3. 3 Whether claimant established nexus between fear and a Convention ground

Ratio Decidendi

The claim is rejected because the claimant failed to establish on the balance of probabilities a well‑founded fear linked to a Convention ground or that it is more likely than not he would face torture, risk to life or cruel and unusual treatment on return; documentary evidence did not substantiate that the alleged perpetrators were in Albania or seeking him and key testimony was found not credible.

Court Disposition

Claim rejected - not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim rejected