MA7-00261

MA7-00261

The panel found the female claimant's account of a vendetta plausible and concluded that Albania cannot provide effective protection in such vendetta cases, establishing a well-founded fear for the female claimant and her child; the male claimant's claim was rejected due to credibility failures and omissions.

Citation
MA7-00261
Parties
Claimant (male): XXXXX XXXXX; Claimant (female): XXXXX XXXXX; Claimant (minor): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 September 2008
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision Rendered
Outcome
Female claimant and her child granted refugee protection; male claimant refused.
Legal Topics
Vendetta, Persecution by a Family Member, State Protection, Well Founded Fear, Credibility and Corroboration, Asylum Claim, Albania
Source Language
English
Immigration Refugee Law Human Rights Vendetta Persecution by a Family Member State Protection Well Founded Fear Credibility and Corroboration +2 more

Case Brief

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Parties

XXXXX XXXXX

Claimant (male)

XXXXX XXXXX

Claimant (female)

XXXXX XXXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision Rendered

Legal Issues

  1. 1 Whether claimants face a risk to life or risk of cruel and unusual treatment on return (IRPA s.97(1)(b))
  2. 2 Whether the state of Albania can provide effective protection against a vendetta
  3. 3 Credibility and corroboration deficiencies including failure to produce travel documents and inconsistencies in testimony

Ratio Decidendi

The panel found the female claimant's account of a vendetta plausible and concluded that Albania cannot provide effective protection in such vendetta cases, establishing a well-founded fear for the female claimant and her child; the male claimant's claim was rejected due to credibility failures and omissions.

Court Disposition

Female claimant and her child granted refugee protection; male claimant refused.

Orders

  • Allow the refugee protection claims of XXXXX XXXXX (female claimant) and XXXXX XXXXX (child).
  • Reject the refugee protection claim of XXXXX XXXXX (male claimant).