TA8-17212

TA8-17212

The Board found documentary proof from a democratic foreign court and the claimant's own admissions constituted 'serious reasons for considering' he committed criminal sale of a controlled substance; that offence is non-political and equivalent to an offence in Canada attracting a maximum sentence of life, and there were no mitigating circumstances, therefore the claimant is excluded under Article 1F(b).

Citation
TA8-17212
Parties
Claimant (asylum Seeker): XXXXXXX XXXXXXXXX; Respondent / Intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 November 2010
Procedural Posture
Refugee Protection Claim Exclusion Hearing Under Article 1 F(b) / Final Decision on Exclusion (reasons and Decision)
Outcome
Claimant excluded from refugee protection; refugee claim rejected
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Drug Trafficking, Credibility Findings, Equivalency to Domestic Offence
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Article 1 F(b) Exclusion Serious Non Political Crime Drug Trafficking Credibility Findings +1 more

Case Brief

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Parties

XXXXXXX XXXXXXXXX

Claimant (asylum Seeker)

Minister of Public Safety and Emergency Preparedness

Respondent / Intervenor

Procedural Posture

Refugee Protection Claim Exclusion Hearing Under Article 1 F(b) / Final Decision on Exclusion (reasons and Decision)

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed a serious non-political crime outside the country of refuge prior to his admission to Canada
  2. 2 Whether the foreign conviction is of a crime which, if committed in Canada, would attract a maximum sentence of at least ten years
  3. 3 Whether the claimant's evidence is credible such that exclusion should not apply

Ratio Decidendi

The Board found documentary proof from a democratic foreign court and the claimant's own admissions constituted 'serious reasons for considering' he committed criminal sale of a controlled substance; that offence is non-political and equivalent to an offence in Canada attracting a maximum sentence of life, and there were no mitigating circumstances, therefore the claimant is excluded under Article 1F(b).

Court Disposition

Claimant excluded from refugee protection; refugee claim rejected

Orders

  • Claimant excluded under Article 1F(b) of the 1951 Convention as incorporated in IRPA
  • No inclusion hearing to be held; claim dismissed