TC3-11354

TC3-11354

The RAD upheld the RPD's finding that there are serious reasons for considering the Associate Appellant committed a serious non-political crime based on the authentic Colombian criminal record report and applicable jurisprudence (meeting the Article 1F(b) standard), and therefore dismissed his appeal; the RAD allowed the Principal Appellant's appeal and remitted her claim to the RPD because the RPD failed to fully canvass and decide her risk claim tied to the Associate Appellant.

Citation
TC3-11354
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 July 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Reasons and Decision on Appeal (rad)
Outcome
Associate Appellant's appeal dismissed; Associate Appellant excluded from protection under Article 1F(b) and s.98 IRPA; Principal Appellant's appeal allowed and remitted to the RPD for redetermination
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Evidence Authenticity, Remittal to RPD
Source Language
English
Immigration Refugee Law Criminal Law International Law Article 1 F(b) Exclusion Serious Non Political Crime Evidence Authenticity Remittal to RPD

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Reasons and Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the Associate Appellant is excluded from refugee protection under Article 1F(b) of the Refugee Convention and section 98 IRPA
  2. 2 Whether the Colombian criminal record report is authentic and establishes serious reasons for considering the crime
  3. 3 Whether the crime meets the threshold of a serious non-political crime

Ratio Decidendi

The RAD upheld the RPD's finding that there are serious reasons for considering the Associate Appellant committed a serious non-political crime based on the authentic Colombian criminal record report and applicable jurisprudence (meeting the Article 1F(b) standard), and therefore dismissed his appeal; the RAD allowed the Principal Appellant's appeal and remitted her claim to the RPD because the RPD failed to fully canvass and decide her risk claim tied to the Associate Appellant.

Court Disposition

Associate Appellant's appeal dismissed; Associate Appellant excluded from protection under Article 1F(b) and s.98 IRPA; Principal Appellant's appeal allowed and remitted to the RPD for redetermination

Orders

  • Dismiss the Associate Appellant's appeal
  • Confirm the RPD's exclusion of the Associate Appellant pursuant to Article 1F(b) of the Refugee Convention and section 98 of the IRPA