TA9-14279

TA9-14279

Based on trustworthy and reliable Texas police reports and court warrant, together with claimant's omissions, inconsistencies and failure to produce corroborative police report, there are serious reasons for considering he committed burglary of habitation, a serious non-political crime; therefore he is excluded from refugee protection under Article 1F(b).

Citation
TA9-14279
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 August 2012
Procedural Posture
Refugee Exclusion Hearing Under IRPA / Decision (reasons and Decision)
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the 1951 Convention and the IRPA
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Credibility and Corroboration, Burden and Standard of Proof
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Article 1 F(b) Exclusion Serious Non Political Crime Credibility and Corroboration Burden and Standard of Proof

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent (minister)

Procedural Posture

Refugee Exclusion Hearing Under IRPA / Decision (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 admission (Article 1F(b))
  2. 2 Whether the offence of burglary of habitation constitutes a serious non-political crime for exclusion purposes
  3. 3 Whether the claimant's credibility and failure to produce corroborative police report permit negative inference

Ratio Decidendi

Based on trustworthy and reliable Texas police reports and court warrant, together with claimant's omissions, inconsistencies and failure to produce corroborative police report, there are serious reasons for considering he committed burglary of habitation, a serious non-political crime; therefore he is excluded from refugee protection under Article 1F(b).

Court Disposition

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

Orders

  • Claimant is excluded from claiming refugee protection
  • No inclusion (merits) analysis will be conducted or referred to the RPD