TA8-20791

TA8-20791

The claims are rejected because the claimant's oral evidence was found non-credible due to material inconsistencies and omissions (notably failure to recount the 2005 killing that allegedly triggered the blood feud), lack of corroborating police or medical evidence despite opportunity and requirements to provide it, and because the documentary letters lacked independent verification; therefore the panel was not satisfied on the balance of probabilities that there is a blood feud or a serious possibility of persecution; US minor claims also failed for lack of established inadequacy of state protection.

Citation
TA8-20791
Parties
Claimant: XXXXXXXX; Mother: XXXXXXXXX; Brother: XXXXXXX; Sister in Law: XXXXXXXXXXX; Nephew: XXXXXXX; Niece: XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 October 2010
Procedural Posture
Refugee Protection Claim RPD / Decision (reasons and Decision Dated October 18, 2010)
Outcome
All refugee claims rejected
Legal Topics
Refugee Protection, Credibility Assessment, State Protection, Corroboration, Family/particular Social Group, Blood Feud/vendetta
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment State Protection Corroboration Family/particular Social Group +1 more

Case Brief

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Parties

XXXXXXXX

Claimant

XXXXXXXXX

Mother

XXXXXXX

Brother

XXXXXXXXXXX

Sister in Law

XXXXXXX

Nephew

XXXXXXX

Niece

Procedural Posture

Refugee Protection Claim RPD / Decision (reasons and Decision Dated October 18, 2010)

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution or serious harm on return to Albania
  2. 2 Whether state protection in the United States would be inadequate for the minor claimants
  3. 3 Whether the claimant's evidence is credible and sufficiently corroborated to meet the balance of probabilities

Ratio Decidendi

The claims are rejected because the claimant's oral evidence was found non-credible due to material inconsistencies and omissions (notably failure to recount the 2005 killing that allegedly triggered the blood feud), lack of corroborating police or medical evidence despite opportunity and requirements to provide it, and because the documentary letters lacked independent verification; therefore the panel was not satisfied on the balance of probabilities that there is a blood feud or a serious possibility of persecution; US minor claims also failed for lack of established inadequacy of state protection.

Court Disposition

All refugee claims rejected

Orders

  • Refugee Protection Division rejects Albanian claims pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act
  • Refugee Protection Division rejects United States claims of the two minor children pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act