MA5-04939

MA5-04939

The panel found the claimant was convicted of sale of controlled substances in the United States and that the offence constituted a serious non-political crime; given the conviction, sentence and surrounding facts, the claimant falls within Article 1F(b) and is excluded under s.98 IRPA and therefore is not a Convention refugee nor a person in need of protection.

Citation
MA5-04939
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Minister (intervenor): Minister of Public Safety and Emergency Preparedness of Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 July 2006
Procedural Posture
Refugee Protection — Exclusion Proceeding / Decision on Exclusion Under Section 98 of IRPA
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the 1951 UN Convention and s.98 IRPA; not a Convention refugee nor a person in need of protection.
Legal Topics
Article 1 F(b) Exclusion, Drug Trafficking, Serious Non Political Crime, Pardon, Deportation
Source Language
English
Immigration Refugee Law Criminal Law Exclusion Clauses Article 1 F(b) Exclusion Drug Trafficking Serious Non Political Crime Pardon +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister of Public Safety and Emergency Preparedness of Canada

Minister (intervenor)

Procedural Posture

Refugee Protection — Exclusion Proceeding / Decision on Exclusion Under Section 98 of IRPA

Legal Issues

  1. 1 Whether the claimant is excluded under Article 1F(b) of the 1951 UN Convention and s.98 IRPA for having committed a serious non-political crime
  2. 2 Whether the claimant's drug trafficking conviction and related facts meet the threshold for exclusion despite partial service of sentence and claims regarding pardon or duress

Ratio Decidendi

The panel found the claimant was convicted of sale of controlled substances in the United States and that the offence constituted a serious non-political crime; given the conviction, sentence and surrounding facts, the claimant falls within Article 1F(b) and is excluded under s.98 IRPA and therefore is not a Convention refugee nor a person in need of protection.

Court Disposition

Claimant excluded from refugee protection under Article 1F(b) of the 1951 UN Convention and s.98 IRPA; not a Convention refugee nor a person in need of protection.

Orders

  • Claimant excluded pursuant to Article 1F(b) of the 1951 UN Convention and section 98 of the Immigration and Refugee Protection Act