VB0-01593

VB0-01593

The claim is rejected because the alleged blood feud does not amount to persecution on a Convention ground (no nexus to a protected ground) and the claimant failed to rebut the presumption of reasonable state protection in Albania with clear and convincing evidence; credibility concerns (including failure to seek protection in the US and gaps in corroboration) reinforce the conclusion.

Citation
VB0-01593
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 February 2011
Procedural Posture
Refugee Protection / Decision of the Refugee Protection Division
Outcome
Claim rejected; claimant found to be neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Blood Feud, Nexus to Convention Grounds, Membership in a Particular Social Group, Credibility, Subjective Fear, Protection Elsewhere, Refugee Sur Place
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Blood Feud Nexus to Convention Grounds Membership in a Particular Social Group Credibility +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the alleged blood feud establishes nexus to a Convention ground (particular social group)
  3. 3 Whether state protection in Albania is reasonably available

Ratio Decidendi

The claim is rejected because the alleged blood feud does not amount to persecution on a Convention ground (no nexus to a protected ground) and the claimant failed to rebut the presumption of reasonable state protection in Albania with clear and convincing evidence; credibility concerns (including failure to seek protection in the US and gaps in corroboration) reinforce the conclusion.

Court Disposition

Claim rejected; claimant found to be neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim rejected under sections 96 and 97(1) of the Immigration and Refugee Protection Act
  • Decision dated 16 February 2011 (Refugee Protection Division)