TA8-06044

TA8-06044

The claimant convicted in the USA for conspiracy to distribute cocaine and possession with intent to distribute committed a "serious non‑political crime" for purposes of Article 1F(b) because the conduct corresponds to offences punishable severely under Canadian law, he admitted guilt, received a fair process and sentence, and therefore is excluded from refugee protection; the US citizen daughter’s claim is rejected because no claim was made against the USA; the remaining claimant’s claim is rejected for lack of subjective fear and no objective basis for persecution in Colombia or Venezuela.

Citation
TA8-06044
Parties
Claimant: XXXX XXX XXXX XXXXXX; Claimant: XXXXXXX XXXXXXX XXXXXXX XXXX (a.k.a. XXXXXX XXXXX XXXXXXX); Claimant: XXXX XXXXX XXXXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 September 2010
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Final Decision Following Hearing
Outcome
All refugee protection claims rejected; one claimant excluded under Article 1F(b) for serious non‑political crimes.
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Credibility/subjective Fear, Objective Basis for Risk, Failure to Seek Protection in Other Countries, Re‑availment
Source Language
English
Refugee Law Immigration Law Criminal Law Article 1 F(b) Exclusion Serious Non Political Crime Credibility/subjective Fear Objective Basis for Risk Failure to Seek Protection in Other Countries +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXX XXXX XXXXXX

Claimant

XXXXXXX XXXXXXX XXXXXXX XXXX (a.k.a. XXXXXX XXXXX XXXXXXX)

Claimant

XXXX XXXXX XXXXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Final Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is excluded from refugee protection under Article 1F(b) for serious non‑political crimes committed outside Canada
  2. 2 Whether claimants have credible subjective fear of persecution
  3. 3 Whether there is an objective basis for fear of persecution in Colombia or Venezuela

Ratio Decidendi

The claimant convicted in the USA for conspiracy to distribute cocaine and possession with intent to distribute committed a "serious non‑political crime" for purposes of Article 1F(b) because the conduct corresponds to offences punishable severely under Canadian law, he admitted guilt, received a fair process and sentence, and therefore is excluded from refugee protection; the US citizen daughter’s claim is rejected because no claim was made against the USA; the remaining claimant’s claim is rejected for lack of subjective fear and no objective basis for persecution in Colombia or Venezuela.

Court Disposition

All refugee protection claims rejected; one claimant excluded under Article 1F(b) for serious non‑political crimes.

Orders

  • Refugee Protection Division excludes XXXX XXXX XXXXXX XXXX from refugee protection under Article 1F(b) of the Refugee Convention.
  • Refugee Protection Division rejects the refugee protection claims of the other claimants (including the US citizen daughter) pursuant to sections 96, 97(1)(a) and 97(1)(b) of the Immigration and Refugee Protection Act.