A Federal Court judge has granted an Albanian man, who was convicted in Italy for serious crimes including kidnapping and robbery, a new opportunity to return to Canada as a refugee claimant. Pjeter Pjetrushi, who fled a long-standing blood feud in Albania, had his deportation order overturned in a recent decision.
Background of the Case
According to the Federal Court ruling by Justice Nicholas McHaffie, Pjetrushi's family has been embroiled in a blood feud with the Tafili family since 2000. The conflict began when Pjetrushi's cousin, a police chief, killed a member of the Tafili family during an arrest. Subsequent events included attempted murders and kidnappings, escalating the feud.
Pjetrushi's Criminal Record in Italy
Pjetrushi left Albania in 2006 as a minor and moved to Italy, where he worked. In 2009, at age 18, he confronted his employer over unpaid wages, threatening him with a knife and forcing him to open a safety deposit box. He pleaded guilty to uttering threats, kidnapping, robbery, and weapon possession, serving 26 months in an Italian prison.
After his release in 2011, Pjetrushi reconciled with his victim. However, Italian authorities ordered him to leave the country. He returned to Albania but soon fled again due to the blood feud, using fraudulent passports to travel. He was caught multiple times with fake identification and faced additional convictions in Italy.
Journey to Canada
In January 2015, Pjetrushi arrived in Canada using a false Italian passport and filed a refugee claim in March 2015. The Immigration and Refugee Board initially found him inadmissible due to his serious criminality, barring him from refugee protection. Pjetrushi appealed to the Federal Court.
The Federal Court Decision
Justice McHaffie ruled that while Pjetrushi's crimes were serious, they were committed when he was a young adult under extreme duress from the blood feud. The judge noted that Pjetrushi had since shown rehabilitation and made peace with his victim. The court overturned the deportation order, allowing Pjetrushi to reapply for refugee status.
“The serious crimes Pjeter Pjetrushi committed before coming to Canada rendered him inadmissible to Canada and ineligible for refugee protection,” McHaffie wrote. However, he added that Pjetrushi “accepted that his earlier crimes were serious, but contended that they were the actions of an immature 18-year-old.”
Implications
This decision highlights the complexities of refugee claims involving individuals with criminal backgrounds who face genuine threats in their home countries. Pjetrushi now has a chance to present his case for protection from the blood feud that has plagued his family for decades.
