TB4-00469

TB4-00469

The claimant who testified established on a balance of probabilities a serious possibility of persecution if returned to Albania due to active blood feuds, no viable internal flight alternative, and inadequate state protection; therefore that claimant qualifies as a Convention refugee.

Citation
TB4-00469
Parties
Principal Claimant: XXXX XXXX; Spouse and Joint Claimant (testified): XXXX XXXX; Minor Joint Claimant (son): XXXX XXXX; Respondent: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 March 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Decision (oral Split Decision Rendered; Written Reasons Issued)
Outcome
Claim of the testifying joint claimant accepted as a Convention refugee; claims of the principal claimant and the minor claimant rejected.
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Credibility and Identity, Persecution (blood Feuds)
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee State Protection Internal Flight Alternative Credibility and Identity Persecution (blood Feuds)

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Spouse and Joint Claimant (testified)

XXXX XXXX

Minor Joint Claimant (son)

Refugee Protection Officer

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Decision (oral Split Decision Rendered; Written Reasons Issued)

Legal Issues

  1. 1 Identity and credibility of claimants
  2. 2 Existence of a well‑founded fear of persecution on Convention grounds
  3. 3 Availability of internal flight alternative

Ratio Decidendi

The claimant who testified established on a balance of probabilities a serious possibility of persecution if returned to Albania due to active blood feuds, no viable internal flight alternative, and inadequate state protection; therefore that claimant qualifies as a Convention refugee.

Court Disposition

Claim of the testifying joint claimant accepted as a Convention refugee; claims of the principal claimant and the minor claimant rejected.

Orders

  • Accept the refugee protection claim of the testifying joint claimant (XXXX XXXX) as a Convention refugee.
  • Reject the refugee protection claim of the principal claimant (XXXX XXXX).