TC0-09372

TC0-09372

On a full review of the record and accepted new evidence (fire report and letter), the Tribunal found on the balance of probabilities that the Appellants are Albanian citizens only, the RPD erred in concluding effective state protection was available in Albania given systemic shortcomings (corruption, weak enforcement of protection orders, patriarchal barriers), and no viable internal flight alternative exists; accordingly the RAD substituted its own decision and determined the Appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Citation
TC0-09372
Parties
Principal Appellant: Ilva; Associate Appellant (male): Male Associate Appellant; Associate Appellant (female): Female Associate Appellant; Minor Appellants: Minor Appellants (daughters); Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2021
Procedural Posture
Refugee Appeal Under IRPA (rad) / Appeal Decision (reasons for Decision)
Outcome
Appeal allowed; substituted decision that Appellants are Convention refugees pursuant to section 111(1)(b) IRPA
Legal Topics
State Protection, Credibility Findings, New Evidence Admissibility, Internal Flight Alternative, Gender Based Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Family Law Human Rights State Protection Credibility Findings New Evidence Admissibility +2 more

Case Brief

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Parties

Ilva

Principal Appellant

Male Associate Appellant

Associate Appellant (male)

Female Associate Appellant

Associate Appellant (female)

Minor Appellants (daughters)

Minor Appellants

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA (rad) / Appeal Decision (reasons for Decision)

Legal Issues

  1. 1 Whether Appellants are dual citizens of Greece and Albania
  2. 2 Whether the Appellants are credible
  3. 3 Whether Albania can provide effective state protection

Ratio Decidendi

On a full review of the record and accepted new evidence (fire report and letter), the Tribunal found on the balance of probabilities that the Appellants are Albanian citizens only, the RPD erred in concluding effective state protection was available in Albania given systemic shortcomings (corruption, weak enforcement of protection orders, patriarchal barriers), and no viable internal flight alternative exists; accordingly the RAD substituted its own decision and determined the Appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; substituted decision that Appellants are Convention refugees pursuant to section 111(1)(b) IRPA

Orders

  • Admit new evidence: fire report and letter from female Associate Appellant's mother
  • Do not admit Albanian passports and other listed documents as new evidence