TA8-02008

TA8-02008

The claims are rejected because the principal claimant's testimony is materially inconsistent, contains significant omissions and unreasonable explanations, and lacks corroboration, such that the panel found no credible evidence of a blood feud or personal risk; consequently there is no well‑founded fear of persecution nor realistic risk of death, cruel treatment or torture for either claimant.

Citation
TA8-02008
Parties
Principal Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 December 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following RPD Hearing
Outcome
Claims rejected
Legal Topics
Refugee Protection, Credibility Assessment, Gender Based Persecution, State Protection, Risk of Torture, Sexual Violence, Family/derivative Claims
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Refugee Protection Credibility Assessment Gender Based Persecution State Protection Risk of Torture +2 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following RPD Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under ss.97(1) IRPA
  3. 3 Credibility of the principal claimant and sufficiency of corroborating evidence

Ratio Decidendi

The claims are rejected because the principal claimant's testimony is materially inconsistent, contains significant omissions and unreasonable explanations, and lacks corroboration, such that the panel found no credible evidence of a blood feud or personal risk; consequently there is no well‑founded fear of persecution nor realistic risk of death, cruel treatment or torture for either claimant.

Court Disposition

Claims rejected

Orders

  • Claims for refugee protection pursuant to ss.96 and 97(1) IRPA are rejected
  • No protection, risk to life, cruel or unusual treatment or torture found that would prevent return to Albania