TA2-15607

TA2-15607

Applying the Adjei 'serious possibility' standard to s.97(1)(b), the Tribunal found the claimant personally faces a serious possibility of a life‑threatening risk from the XXXXXX family given the blood feud and political affiliation, that state protection in Albania is inadequate, and that no reasonable internal flight alternative exists; therefore the claimant is a person in need of protection.

Citation
TA2-15607
Parties
Claimant: XXXXXXXXXXX; Refugee Protection Officer/designated Representative: C. McCuaig; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 February 2004
Procedural Posture
Refugee Protection Claim Under IRPA S.97(1)(b) / Final Decision Following Hearing
Outcome
Claimant found to be a person in need of protection under s.97(1)(b) of the IRPA
Legal Topics
Risk to Life, Cruel and Unusual Treatment, Standard of Proof, State Protection, Internal Flight Alternative, Blood Feud, Political Opinion
Source Language
English
Immigration Refugee Law Administrative Law Risk to Life Cruel and Unusual Treatment Standard of Proof State Protection Internal Flight Alternative +2 more

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Parties

XXXXXXXXXXX

Claimant

C. McCuaig

Refugee Protection Officer/designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA S.97(1)(b) / Final Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant faces a personal risk to his life or cruel and unusual treatment within the meaning of s.97(1)(b) IRPA
  2. 2 Appropriate standard of proof for s.97(1)(b) claims
  3. 3 Availability of state protection in Albania

Ratio Decidendi

Applying the Adjei 'serious possibility' standard to s.97(1)(b), the Tribunal found the claimant personally faces a serious possibility of a life‑threatening risk from the XXXXXX family given the blood feud and political affiliation, that state protection in Albania is inadequate, and that no reasonable internal flight alternative exists; therefore the claimant is a person in need of protection.

Court Disposition

Claimant found to be a person in need of protection under s.97(1)(b) of the IRPA

Orders

  • Refugee Protection Division accepts the claim and recognizes the claimant as a person in need of protection