VA2-02647

VA2-02647

On the totality of the evidence, particularly the INTERPOL Red Notice, Vietnamese arrest warrant, supporting investigative material and embassy inquiry, there are serious reasons for considering the principal claimant committed serious non‑political crimes (large‑scale heroin trafficking); accordingly she is excluded under Article 1F(b)/s.98 IRPA. The associated claimant lacked credible, trustworthy evidence of persecution and there were insufficient grounds to find she was excluded; the RPD will not assess risk of torture for an excluded claimant because removal/risk assessment is reserved to the Minister (PRRA).

Citation
VA2-02647
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Associated Claimant: XXXXX XXXXX XXXXX; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 December 2004
Procedural Posture
Refugee Protection – Exclusion Under Article 1 F(b) of the 1951 Refugee Convention / IRPA / Hearing Concluded — Decision Issued
Outcome
Principal claimant excluded under Article 1F(b)/section 98 IRPA; associated claimant not a Convention refugee nor a person in need of protection; both refugee protection claims rejected.
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Drug Trafficking, INTERPOL Red Notice, Credibility Assessment, Sur Place Claim, Jurisdictional Separation Between RPD and PRRA
Source Language
English
Immigration Law Refugee Law Criminal Law International Policing/interpol Cooperation Article 1 F(b) Exclusion Serious Non Political Crime Drug Trafficking INTERPOL Red Notice +3 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Associated Claimant

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection – Exclusion Under Article 1 F(b) of the 1951 Refugee Convention / IRPA / Hearing Concluded — Decision Issued

Legal Issues

  1. 1 Whether there are serious reasons for considering the principal claimant committed a serious non-political crime (drug trafficking)
  2. 2 Whether the principal claimant is excluded from refugee protection under Article 1F(b)/section 98 IRPA
  3. 3 Whether the associated claimant is excluded as accessory/for harbouring or otherwise has a well‑founded fear of persecution

Ratio Decidendi

On the totality of the evidence, particularly the INTERPOL Red Notice, Vietnamese arrest warrant, supporting investigative material and embassy inquiry, there are serious reasons for considering the principal claimant committed serious non‑political crimes (large‑scale heroin trafficking); accordingly she is excluded under Article 1F(b)/s.98 IRPA. The associated claimant lacked credible, trustworthy evidence of persecution and there were insufficient grounds to find she was excluded; the RPD will not assess risk of torture for an excluded claimant because removal/risk assessment is reserved to the Minister (PRRA).

Court Disposition

Principal claimant excluded under Article 1F(b)/section 98 IRPA; associated claimant not a Convention refugee nor a person in need of protection; both refugee protection claims rejected.

Orders

  • Principal claimant's claim for refugee protection rejected as excluded under section 98 IRPA/Article 1F(b)
  • Associated claimant's claim for refugee protection rejected — no well‑founded fear of persecution and not in need of protection