ALBANIA – GENDER BASED PERSECUTION – INTIMATE PARTNER VIOLENCE X (Re), 2020 CanLII 124201 (CA IRB)
The appellant is a citizen of Albania and claims a fear of gender-based persecution at the hands of her former partner. The Refugee Protection Division (RPD) found her credible however she failed to rebut the presumption of state protection. The RPD also found she has a viable internal flight alternative (IFA) in Tirana.
The Refugee Appeal Division (RAD) agreed with the appellant that the RPD failed to consider the adequacy of Albania’s efforts to protect women from domestic violence. They found the documentary evidence continues to indicate that these efforts have not yet translated into adequate on-the-ground protection for women.
The RAD found that IFA did not exist for her because kinship ties remain strong throughout a small country like Albania. This would make it difficult for her to relocate. The state police have confirmed that given the size of Albania, they cannot prevent people from being traced. The appellant’s former partner also continues to look for her even after she left Albania. For these reasons, the RAD allowed the appeal and substitutes its own decision and finds the appellant a convention refugee.