TA3-18816

TA3-18816

On a balance of probabilities the panel found the Minister's Statutory Declaration and Interpol/Interpol Ottawa documents credible and probative, that the claimant's passport evidence was unreliable (could have been altered), and that the alleged foreign offences would attract a maximum sentence of ten years if committed in Canada; therefore there are serious reasons for believing the claimant committed a serious non-political crime and his refugee claim is excluded under Article 1F(b).

Citation
TA3-18816
Parties
Claimant: XXXXX XXXXX; Respondent (intervenor): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 June 2007
Procedural Posture
Refugee Protection Claim With Ministerial Intervention Alleging Exclusion Under Article 1 F(b) / Decision on Minister's Intervention and Exclusion (final Decision)
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the 1951 Refugee Convention
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Conviction in Absentia, Ministerial Intervention, Burden of Proof, Late Disclosure, Interpol Warrants
Source Language
English
Immigration Law Refugee Law Criminal Law Evidence Article 1 F(b) Exclusion Serious Non Political Crime Conviction in Absentia Ministerial Intervention +3 more

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Parties

XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration

Respondent (intervenor)

Procedural Posture

Refugee Protection Claim With Ministerial Intervention Alleging Exclusion Under Article 1 F(b) / Decision on Minister's Intervention and Exclusion (final Decision)

Legal Issues

  1. 1 Whether there are serious reasons for believing the claimant committed a serious non-political crime in Norway for purposes of Article 1F(b)
  2. 2 Whether the Minister's post-hearing evidence (Statutory Declaration, Interpol/Interpol Ottawa material) is admissible and probative despite late disclosure
  3. 3 Whether the claimant's passport and travel evidence rebut the Minister's allegations

Ratio Decidendi

On a balance of probabilities the panel found the Minister's Statutory Declaration and Interpol/Interpol Ottawa documents credible and probative, that the claimant's passport evidence was unreliable (could have been altered), and that the alleged foreign offences would attract a maximum sentence of ten years if committed in Canada; therefore there are serious reasons for believing the claimant committed a serious non-political crime and his refugee claim is excluded under Article 1F(b).

Court Disposition

Claimant excluded from refugee protection under Article 1F(b) of the 1951 Refugee Convention

Orders

  • Claim excluded under Article 1F(b) of the 1951 Refugee Convention (decision dated 25 June 2007)