VB4-02336

VB4-02336

Appellants failed to rebut the presumption of available state protection; documentary and testimonial evidence (police report, prosecutor invitation, and country materials showing Albanian government anti‑trafficking efforts) demonstrated that Albanian authorities were willing and able to provide protection so the...

Source-derived case information.

Citation
VB4-02336
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 December 2014
Procedural Posture
Refugee Appeal (refugee Appeal Division) / RAD Decision (final)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
State Protection, Human Trafficking, Standard of Review, Burden of Proof, Credibility Findings
Source Language
english
Immigration Law Refugee Law Administrative Law State Protection Human Trafficking Standard of Review Burden of Proof Credibility Findings

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / RAD Decision (final)

Legal Issues

  1. 1 Whether the RPD applied the proper test for state protection
  2. 2 Whether the RPD made erroneous findings of fact
  3. 3 Whether the RPD relied on implausible inferences not reasonably open to it

Ratio Decidendi

Appellants failed to rebut the presumption of available state protection; documentary and testimonial evidence (police report, prosecutor invitation, and country materials showing Albanian government anti‑trafficking efforts) demonstrated that Albanian authorities were willing and able to provide protection so the RPD's finding that the appellants are neither Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed; the July 14, 2014 determination of the Refugee Protection Division is confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act