The applicants, citizens of Albania, sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their appeal of a Refugee Protection Division decision denying their claims for refugee protection.
The applicants claimed fear of a private businessperson but had not reported the threat to the police, claiming subjective distrust.
The RAD found that state protection was the determinative issue and that the applicants failed to rebut the presumption of state protection by failing to report the incidents to the police.
The Federal Court dismissed the application for judicial review, finding the RAD's assessment of state protection to be reasonable and its denial of an oral hearing justified given the absence of new evidence.
