TA6-00999

TA6-00999

The panel found the claimant's account not sufficiently credible and that he failed to rebut the presumption that Albania can protect its citizens; further, evidence suggested possible Greek citizenship invoking Article 1E exclusion; therefore, on balance of probabilities the claimant is not a Convention refugee and adequate state protection is available.

Citation
TA6-00999
Parties
Claimant: XXXXX XXXXX; Respondent: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 November 2006
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Hearing
Outcome
Claim rejected; not a Convention refugee and state protection available; claim excluded under Article 1E if Greek citizenship confirmed.
Legal Topics
State Protection, Credibility Assessment, Exclusion Under Article 1 E, Multiple Nationality, Passports, Blood Feud, Burden of Proof
Source Language
English
Immigration Refugee Law Human Rights State Protection Credibility Assessment Exclusion Under Article 1 E Multiple Nationality Passports +2 more

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Parties

XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 Credibility of claimant's account
  2. 2 Availability of state protection in Albania
  3. 3 Application of Article 1E exclusion for alternative nationality

Ratio Decidendi

The panel found the claimant's account not sufficiently credible and that he failed to rebut the presumption that Albania can protect its citizens; further, evidence suggested possible Greek citizenship invoking Article 1E exclusion; therefore, on balance of probabilities the claimant is not a Convention refugee and adequate state protection is available.

Court Disposition

Claim rejected; not a Convention refugee and state protection available; claim excluded under Article 1E if Greek citizenship confirmed.

Orders

  • Claim rejected and protection claim denied.