MA8-04676

MA8-04676

The panel found the claimant failed to establish his identity and, independently, concluded on the basis of fingerprints, US court records, the quantity of drugs involved and the probation violation that there are serious reasons for considering he committed a serious non-political crime (drug trafficking equivalent to Canadian offence punishable by life); accordingly he is excluded under Article 1F(b) and his refugee claim is rejected.

Citation
MA8-04676
Parties
Claimant/asylum Seeker: XXXXX XXXXX; Respondent/intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 January 2011
Procedural Posture
Refugee Protection Claim With Exclusion Hearing Under Article 1 F(b) / Decision Following Hearing and Ministerial Intervention
Outcome
Refugee protection claim rejected; claimant excluded under Article 1F(b) of the Refugee Convention and is not a Convention refugee or person in need of protection.
Legal Topics
Article 1 F(b) Exclusion, Identity, Equivalence of Foreign Offence to Canadian Offence, Drug Trafficking, Standard of Proof: Serious Reasons for Considering
Source Language
English
Immigration Law Refugee Law Criminal Law Article 1 F(b) Exclusion Identity Equivalence of Foreign Offence to Canadian Offence Drug Trafficking Standard of Proof: Serious Reasons for Considering

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Parties

XXXXX XXXXX

Claimant/asylum Seeker

Minister of Public Safety and Emergency Preparedness

Respondent/intervenor

Procedural Posture

Refugee Protection Claim With Exclusion Hearing Under Article 1 F(b) / Decision Following Hearing and Ministerial Intervention

Legal Issues

  1. 1 Whether the claimant established his identity
  2. 2 Whether there are serious reasons for considering the claimant committed a serious non-political crime abroad such that Article 1F(b) excludes him
  3. 3 Whether the US convictions are equivalent to Canadian offences punishable by life imprisonment

Ratio Decidendi

The panel found the claimant failed to establish his identity and, independently, concluded on the basis of fingerprints, US court records, the quantity of drugs involved and the probation violation that there are serious reasons for considering he committed a serious non-political crime (drug trafficking equivalent to Canadian offence punishable by life); accordingly he is excluded under Article 1F(b) and his refugee claim is rejected.

Court Disposition

Refugee protection claim rejected; claimant excluded under Article 1F(b) of the Refugee Convention and is not a Convention refugee or person in need of protection.

Orders

  • Refugee protection claim of XXXXX XXXXX rejected; claimant declared excluded under Article 1F(b) and therefore not a Convention refugee or person in need of protection.