TA2-27512

TA2-27512

The claimant, while found credible and having experienced past harassment for political activity, cannot establish a present well-founded fear of persecution because objective evidence demonstrates that political conditions in Albania have substantially improved since his departure and ordinary Democratic Party members can now engage in political activity without the risk of persecution; accordingly he is neither a Convention refugee nor a person in need of protection.

Citation
TA2-27512
Parties
Claimant: XXXXX XXXXX; Respondent: Refugee Protection Officer; Respondent: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 June 2006
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Re Hearing and Final Decision Following Federal Court Remittal
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Change in Country Conditions, Credibility, Remittal
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Political Opinion Change in Country Conditions Credibility +1 more

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Minister of Citizenship and Immigration (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (convention Refugee and Person in Need of Protection) / Re Hearing and Final Decision Following Federal Court Remittal

Legal Issues

  1. 1 Whether the claimant is a Convention refugee based on political opinion
  2. 2 Whether the claimant is a person in need of protection (risk to life or risk of cruel and unusual treatment)
  3. 3 Whether changed country conditions in Albania defeat the claim

Ratio Decidendi

The claimant, while found credible and having experienced past harassment for political activity, cannot establish a present well-founded fear of persecution because objective evidence demonstrates that political conditions in Albania have substantially improved since his departure and ordinary Democratic Party members can now engage in political activity without the risk of persecution; accordingly he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claim dismissed; no refugee protection granted