TA3-17501

TA3-17501

The claimant was excluded under Article 1F(b) because there were serious reasons for considering he committed a serious non-political crime outside the country of refuge prior to admission: he was convicted of a heroin importation conspiracy, left the United States before completing his sentence, remained subject to a parole warrant with approximately 1523 days outstanding, and therefore had not served his full term so Chan does not apply.

Citation
TA3-17501
Parties
Claimant: XXXXXXXXXXXXXXXX; Refugee Protection Officer: S. Indrasigamany; Minister's Counsel: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 July 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Exclusion Determination Hearing (article 1 F(b))
Outcome
Claimant excluded from refugee protection under Article 1F(b).
Legal Topics
Article 1 F(b) Exclusion, Article 1 E Protection Elsewhere, Deportation Order, Parole Violation, Right to Return, Serious Non Political Crime
Source Language
English
Immigration Law Refugee Protection Criminal Law Article 1 F(b) Exclusion Article 1 E Protection Elsewhere Deportation Order Parole Violation Right to Return +1 more

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Parties

XXXXXXXXXXXXXXXX

Claimant

S. Indrasigamany

Refugee Protection Officer

Minister of Citizenship and Immigration

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Exclusion Determination Hearing (article 1 F(b))

Legal Issues

  1. 1 Whether claimant is excluded from refugee protection under Article 1F(b) for committing a serious non-political crime outside the country of refuge prior to admission
  2. 2 Whether claimant is excluded under Article 1E because protection is available elsewhere (United States)
  3. 3 Whether the claimant served his sentence prior to arrival in Canada and thus falls outside Article 1F(b) per Chan

Ratio Decidendi

The claimant was excluded under Article 1F(b) because there were serious reasons for considering he committed a serious non-political crime outside the country of refuge prior to admission: he was convicted of a heroin importation conspiracy, left the United States before completing his sentence, remained subject to a parole warrant with approximately 1523 days outstanding, and therefore had not served his full term so Chan does not apply.

Court Disposition

Claimant excluded from refugee protection under Article 1F(b).

Orders

  • Claimant excluded from refugee protection under Article 1F(b).