VA8-02611

VA8-02611

Based on credible police and court records, the panel found serious reasons to consider the claimant committed DUI causing bodily injury in the USA; the offence is non-political and, when assessed against Canadian equivalents and Jayasekara factors, qualifies as a serious crime under Article 1F(b); therefore the claimant is excluded from refugee protection.

Citation
VA8-02611
Parties
Claimant: XXXXX XXXXX; Minister: Minister of Public Safety and Emergency Preparedness Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 December 2010
Procedural Posture
Refugee Protection (exclusion Under Article 1 F(b) of the Refugee Convention) / Decision on Exclusion (final)
Outcome
Claim rejected; claimant excluded from definition of Convention refugee and person in need of protection pursuant to Article 1F(b).
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Convention Refugee, Exclusion
Source Language
English
Immigration Law Refugee Law Criminal Law International Law Article 1 F(b) Exclusion Serious Non Political Crime Convention Refugee Exclusion

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Parties

XXXXX XXXXX

Claimant

Minister of Public Safety and Emergency Preparedness Canada

Minister

Procedural Posture

Refugee Protection (exclusion Under Article 1 F(b) of the Refugee Convention) / Decision on Exclusion (final)

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 admission
  2. 2 Whether the offence is political in nature
  3. 3 Whether the offence meets the seriousness threshold for exclusion under Article 1F(b) considering mode of prosecution, penalty and surrounding facts

Ratio Decidendi

Based on credible police and court records, the panel found serious reasons to consider the claimant committed DUI causing bodily injury in the USA; the offence is non-political and, when assessed against Canadian equivalents and Jayasekara factors, qualifies as a serious crime under Article 1F(b); therefore the claimant is excluded from refugee protection.

Court Disposition

Claim rejected; claimant excluded from definition of Convention refugee and person in need of protection pursuant to Article 1F(b).

Orders

  • Claimant XXXXX XXXXX is excluded from the definition of Convention refugee and a person in need of protection pursuant to Article 1F(b); refugee protection claim rejected (Decision dated 30 December 2010).