MB6-05587

MB6-05587

The Appellants did not provide clear and convincing evidence to rebut the presumption of adequate state protection in Albania and, in particular, their failure to seek police protection after prosecutorial delay was objectively unreasonable and fatal to their refugee claim; therefore the RPD decision is confirmed and the appeal dismissed.

Citation
MB6-05587
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 March 2017
Procedural Posture
Immigration and Refugee Protection Act Appeal / Refugee Appeal Division Decision (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Gender Based Persecution, Standard of Review, Country Conditions, Exhaustion of Local Remedies
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Gender Based Persecution Standard of Review Country Conditions Exhaustion of Local Remedies

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Parties

XXXX XXXX

Appellant

Procedural Posture

Immigration and Refugee Protection Act Appeal / Refugee Appeal Division Decision (rad)

Legal Issues

  1. 1 Whether the Appellants rebutted the presumption of state protection in Albania
  2. 2 Whether the RPD misapplied the IRB Chairperson's Gender Guidelines
  3. 3 Whether the RPD failed to consider the Appellants' claims individually

Ratio Decidendi

The Appellants did not provide clear and convincing evidence to rebut the presumption of adequate state protection in Albania and, in particular, their failure to seek police protection after prosecutorial delay was objectively unreasonable and fatal to their refugee claim; therefore the RPD decision is confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The Refugee Appeal Division confirms the Refugee Protection Division decision dated March 31, 2016
  • The appeal is dismissed