VC1-01822

VC1-01822

Appeal dismissed because on the balance of probabilities the Appellants failed to establish a nexus to political opinion or that agents of harm would pursue them in the identified IFA; Tirana is a viable internal flight alternative and state protection is not shown to be inadequate, therefore they are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.

Citation
VC1-01822
Parties
Appellant: Principal Appellant; Appellant: Associate Appellant; Appellant: Second Associate Appellant
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 October 2021
Procedural Posture
Refugee Appeal (rad) Under the Immigration and Refugee Protection Act / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed: Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, State Protection, New Evidence, Credibility Assessment, Convention Refugee Determination, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative State Protection New Evidence Credibility Assessment Convention Refugee Determination +1 more

Case Brief

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Parties

Principal Appellant

Appellant

Associate Appellant

Appellant

Second Associate Appellant

Appellant

Procedural Posture

Refugee Appeal (rad) Under the Immigration and Refugee Protection Act / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether Appellants are Convention refugees under section 96 IRPA
  2. 2 Whether Appellants are persons in need of protection under section 97 IRPA
  3. 3 Whether a viable internal flight alternative (IFA) exists in Tirana

Ratio Decidendi

Appeal dismissed because on the balance of probabilities the Appellants failed to establish a nexus to political opinion or that agents of harm would pursue them in the identified IFA; Tirana is a viable internal flight alternative and state protection is not shown to be inadequate, therefore they are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed: Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and RPD decision confirmed
  • Do not admit into evidence the new police reports or the Albanian lawyer's statement regarding those reports