TB9-33957

TB9-33957

The RAD allowed the appeal in part because the RPD erred in its credibility assessment of the mother and in assessing state protection without adequate application of gender‑sensitive guidelines; on the totality of the evidence the mother rebutted the presumption of state protection and no safe internal flight alternative exists in Albania, therefore she is a person in need of protection under IRPA s.97(1)(b); the children's appeals were dismissed because as US citizens they failed to establish fear or lack of protection in the United States.

Citation
TB9-33957
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 March 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (rad)
Outcome
Appeal allowed in part: RPD decision set aside and substituted; mother found to be a person in need of protection; appeals of the three children dismissed.
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Gender Based Persecution, Forced Marriage, LGBTQ Persecution, Sur Place Claim
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Assessment State Protection Internal Flight Alternative Gender Based Persecution Forced Marriage +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (rad)

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant mother's credibility
  2. 2 Whether state protection in Albania is adequate for the appellant mother
  3. 3 Whether an internal flight alternative exists in Albania for the appellant mother

Ratio Decidendi

The RAD allowed the appeal in part because the RPD erred in its credibility assessment of the mother and in assessing state protection without adequate application of gender‑sensitive guidelines; on the totality of the evidence the mother rebutted the presumption of state protection and no safe internal flight alternative exists in Albania, therefore she is a person in need of protection under IRPA s.97(1)(b); the children's appeals were dismissed because as US citizens they failed to establish fear or lack of protection in the United States.

Court Disposition

Appeal allowed in part: RPD decision set aside and substituted; mother found to be a person in need of protection; appeals of the three children dismissed.

Orders

  • Set aside the Refugee Protection Division decision and substitute the RAD's decision
  • Declare that XXXX XXXX is a person in need of protection under IRPA s.97(1)(b)