TA9-06387

TA9-06387

The claim is rejected because the panel found the claimant's evidence and corroborating documents not credible or likely fabricated, and the claimant failed to establish on a balance of probabilities that she or her children face a real risk of persecution or that state protection in Albania would be unavailable or ineffective; therefore refugee protection and related risks (torture, risk to life, cruel and unusual treatment) were not established.

Citation
TA9-06387
Parties
Claimant: XXXXX XXXXX; Child Claimant: XXXX XXXXXX (a.k.a. XXXX XXXXX); Child Claimant: XXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 November 2010
Procedural Posture
Refugee Protection Claim / Determination by Refugee Protection Division (hearing Decision)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in danger of torture nor at risk of cruel or unusual treatment or punishment if returned to Albania
Legal Topics
Particular Social Group, Gender Based Persecution, Domestic Violence, State Protection, Credibility Assessment, Citizenship, Asylum Claims Previously Refused, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Refugee Law Immigration Law Human Rights Law Family Law Particular Social Group Gender Based Persecution Domestic Violence State Protection +4 more

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Parties

XXXXX XXXXX

Claimant

XXXX XXXXXX (a.k.a. XXXX XXXXX)

Child Claimant

XXXX XXXXX

Child Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim / Determination by Refugee Protection Division (hearing Decision)

Legal Issues

  1. 1 credibility of claimant
  2. 2 subjective component of well-founded fear
  3. 3 objective component of well-founded fear (persecutor identification)

Ratio Decidendi

The claim is rejected because the panel found the claimant's evidence and corroborating documents not credible or likely fabricated, and the claimant failed to establish on a balance of probabilities that she or her children face a real risk of persecution or that state protection in Albania would be unavailable or ineffective; therefore refugee protection and related risks (torture, risk to life, cruel and unusual treatment) were not established.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in danger of torture nor at risk of cruel or unusual treatment or punishment if returned to Albania