TB3-06830

TB3-06830

RAD found it lacked jurisdiction to hear one appellant's appeal because of referral timing and legislative changes; it concluded the RPD's state protection finding was unreasonable because the RPD failed to analyze blood-feud specific documents and failed to calibrate the claimant's burden in light of Albania's democratic deficiencies; therefore the RPD decision was set aside and the allowed appeals were referred to the RPD for redetermination by a differently constituted panel.

Citation
TB3-06830
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 December 2013
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Appeal Heard; Disposition on Jurisdiction and Referral for Redetermination
Outcome
Appeal of XXXX XXXX dismissed for lack of jurisdiction; appeals of Evelina Golemi and Markos-Reshat Lila allowed and referred to the Refugee Protection Division for redetermination by a differently constituted panel.
Legal Topics
State Protection, Blood Feuds, Jurisdiction, Admissibility of Evidence on Appeal, Standard of Review, Remedies and Referral
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Blood Feuds Jurisdiction Admissibility of Evidence on Appeal Standard of Review +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Appeal Heard; Disposition on Jurisdiction and Referral for Redetermination

Legal Issues

  1. 1 Whether RAD has jurisdiction to hear the appeal of one appellant based on referral dates and legislative amendments
  2. 2 Whether the RPD's finding that state protection is available in Albania was reasonable
  3. 3 Whether the U.S. Department of State 2012 report is admissible on appeal under s.110(4) IRPA

Ratio Decidendi

RAD found it lacked jurisdiction to hear one appellant's appeal because of referral timing and legislative changes; it concluded the RPD's state protection finding was unreasonable because the RPD failed to analyze blood-feud specific documents and failed to calibrate the claimant's burden in light of Albania's democratic deficiencies; therefore the RPD decision was set aside and the allowed appeals were referred to the RPD for redetermination by a differently constituted panel.

Court Disposition

Appeal of XXXX XXXX dismissed for lack of jurisdiction; appeals of Evelina Golemi and Markos-Reshat Lila allowed and referred to the Refugee Protection Division for redetermination by a differently constituted panel.

Orders

  • Appeal of XXXX XXXX dismissed for lack of jurisdiction.
  • Appeals of Evelina Golemi and Markos-Reshat Lila are allowed and, pursuant to IRPA s.111(1)(c), referred to the Refugee Protection Division for redetermination by a differently constituted panel.