TA4-13462

The panel found the claimant not credible on the balance of probabilities due to inconsistent statements, documentary weaknesses and conduct inconsistent with a genuine fear; country evidence and lack of reliable corroboration showed state protection was available and there were no substantial grounds for risk of torture, therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation: TA4-13462
Parties: Claimant: XXXXX XXXXX XXXXX; Respondent: Refugee Protection Officer, J. Ross
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 31 August 2005
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at the Refugee Protection Division
Outcome: Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection
Legal Topics: Blood Feud, Credibility, State Protection, Risk of Torture, Convention Refugee Status, Use of False Documents, Asylum Seeker Conduct, Country Documents
Source Language: English

Immigration Refugee Law Administrative Law International Human Rights Blood Feud Credibility State Protection Risk of Torture +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer, J. Ross

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision at the Refugee Protection Division

Legal Issues

1 Whether claimant is a Convention refugee under IRPA
2 Whether claimant has a well-founded fear of persecution on a Convention ground
3 Whether state protection in Albania or alternate states is available

Ratio Decidendi

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection