TB1-20145

TB1-20145

The Panel found the claimant's guilty plea and conviction for possession with intent to distribute cocaine are equivalent to a Canadian offence of trafficking in a Schedule I substance and, given the elements of the offence, the fair mode of prosecution, and the gravity of the prescribed penalty, the conviction constitutes a serious non-political crime; mitigating factors (addiction, pooling arrangement, remorse) did not rebut seriousness, therefore Article 1F(b) applies and the claimant is excluded from refugee protection.

Citation
TB1-20145
Parties
Claimant: XXXX XXXX XXXX; Respondent Minister: Minister of Public Security and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 August 2013
Procedural Posture
Refugee Protection Claim Convention Refugee Status / Reasons and Decision (exclusion Determination)
Outcome
Excluded from refugee protection under Article 1F(b) of the Refugee Convention.
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Equivalence to Canadian Serious Criminality, IRPA Inadmissibility Provisions
Source Language
English
Immigration Law Refugee Law Criminal Law Article 1 F(b) Exclusion Serious Non Political Crime Equivalence to Canadian Serious Criminality IRPA Inadmissibility Provisions

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Parties

XXXX XXXX XXXX

Claimant

Minister of Public Security and Emergency Preparedness

Respondent Minister

Procedural Posture

Refugee Protection Claim Convention Refugee Status / Reasons and Decision (exclusion Determination)

Legal Issues

  1. 1 Whether the claimant committed a serious non-political crime outside Canada for the purposes of Article 1F(b)
  2. 2 Whether the foreign conviction is equivalent to a Canadian offence punishable by a maximum term of at least 10 years (serious criminality)
  3. 3 Whether mitigating factors (addiction, lack of profit) rebut the presumption of seriousness

Ratio Decidendi

The Panel found the claimant's guilty plea and conviction for possession with intent to distribute cocaine are equivalent to a Canadian offence of trafficking in a Schedule I substance and, given the elements of the offence, the fair mode of prosecution, and the gravity of the prescribed penalty, the conviction constitutes a serious non-political crime; mitigating factors (addiction, pooling arrangement, remorse) did not rebut seriousness, therefore Article 1F(b) applies and the claimant is excluded from refugee protection.

Court Disposition

Excluded from refugee protection under Article 1F(b) of the Refugee Convention.

Orders

  • Refugee Protection Division excludes XXXX XXXX XXXX for refugee protection.