MA6-06092

MA6-06092

The tribunal ruled that the claimants failed to prove nexus to a Convention ground because the risk arose from criminal vendetta not membership of a protected group, found the principal claimant not credible on key facts, concluded Albanian authorities could and would provide adequate protection on a balance of probabilities, and determined a reasonable internal flight alternative existed; therefore refugee protection claims were rejected.

Citation
MA6-06092
Parties
Principal Claimant: Mr. XXXXX XXXXX; Spouse: Mrs. XXXXX XXXXX; Son: XXXXX XXXXX; Daughter: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 November 2009
Procedural Posture
Refugee Protection (irpa S.96 and S.97(1)) / Decision Following Hearing
Outcome
Refugee protection claims rejected
Legal Topics
Political Opinion, Blood Feud, State Protection, Internal Flight Alternative, Credibility, Nexus to Convention Ground, Victim of Criminality
Source Language
English
Immigration Refugee Law Criminal Law Administrative Law Political Opinion Blood Feud State Protection Internal Flight Alternative +3 more

Case Brief

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Parties

Mr. XXXXX XXXXX

Principal Claimant

Mrs. XXXXX XXXXX

Spouse

XXXXX XXXXX

Son

XXXXX XXXXX

Daughter

Procedural Posture

Refugee Protection (irpa S.96 and S.97(1)) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants belong to a particular social group under s.96 (nexus)
  2. 2 Credibility of the principal claimant
  3. 3 Whether Albanian state protection was available and effective

Ratio Decidendi

The tribunal ruled that the claimants failed to prove nexus to a Convention ground because the risk arose from criminal vendetta not membership of a protected group, found the principal claimant not credible on key facts, concluded Albanian authorities could and would provide adequate protection on a balance of probabilities, and determined a reasonable internal flight alternative existed; therefore refugee protection claims were rejected.

Court Disposition

Refugee protection claims rejected

Orders

  • Refugee protection claims rejected