TA2-16239

TA2-16239

The panel rejected the claim because the claimant failed to provide credible and trustworthy evidence of a well-founded fear of persecution or of a personal risk of torture or cruel treatment: his account was undermined by his failure to seek protection or legalize status in Greece where legalization was widespread, lack of corroboration of continued political activity or being sought by Albanian authorities, and documentary evidence showing improved political conditions in Albania; therefore he is neither a Convention refugee nor a person in need of protection under s.97(1).

Citation
TA2-16239
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: A. Weldrick; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 July 2005
Procedural Posture
Refugee Protection Claim Under IRPA (s.96 and S.97(1)) / Hearing and Decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Political Opinion, Membership of a Particular Social Group, Credibility Assessment, Safe Third Country, Change of Country Conditions, Risk of Torture, Risk to Life or Cruel and Unusual Treatment
Source Language
English
Refugee Protection Immigration Law Administrative Law Political Opinion Membership of a Particular Social Group Credibility Assessment Safe Third Country Change of Country Conditions +2 more

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Parties

XXXXX XXXXX

Claimant

A. Weldrick

Refugee Protection Officer

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA (s.96 and S.97(1)) / Hearing and Decision

Legal Issues

  1. 1 Whether claimant established a well-founded fear of persecution on Convention grounds
  2. 2 Whether claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility of claimant's account and corroboration

Ratio Decidendi

The panel rejected the claim because the claimant failed to provide credible and trustworthy evidence of a well-founded fear of persecution or of a personal risk of torture or cruel treatment: his account was undermined by his failure to seek protection or legalize status in Greece where legalization was widespread, lack of corroboration of continued political activity or being sought by Albanian authorities, and documentary evidence showing improved political conditions in Albania; therefore he is neither a Convention refugee nor a person in need of protection under s.97(1).

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.