VB0-02984

VB0-02984

The Minister met the threshold of "serious reasons to consider" via Slovakian criminal records, judgment and arrest warrant indicating the claimant's involvement in tax evasion/fraud; the amount involved and mode of prosecution (conviction and five year sentence) support that the crime is serious and non-political; the claimant failed to rebut those serious reasons on a balance of probabilities; the Member properly exercised inquisitorial questioning and denied the recusal; therefore the claimant is excluded from refugee protection under Article 1F(b) and s.98 IRPA.

Citation
VB0-02984
Parties
Claimant / Asylum Seeker: XXXXX XXXXX; Respondent / Minister's Representative: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 March 2013
Procedural Posture
Refugee Protection Exclusion Under Article 1 F(b) of the Refugee Convention / Refugee Protection Division Decision (reasons for Decision)
Outcome
Claimant excluded from refugee protection pursuant to Article 1F(b) of the Refugee Convention and s.98 of the Immigration and Refugee Protection Act; refugee protection claim rejected.
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Tax Evasion / Fraud, Standard of Proof "serious Reasons to Consider", Recusal / Reasonable Apprehension of Bias
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Article 1 F(b) Exclusion Serious Non Political Crime Tax Evasion / Fraud Standard of Proof "serious Reasons to Consider" +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant / Asylum Seeker

Minister (Canada)

Respondent / Minister's Representative

Procedural Posture

Refugee Protection Exclusion Under Article 1 F(b) of the Refugee Convention / Refugee Protection Division Decision (reasons for Decision)

Legal Issues

  1. 1 Whether there are serious reasons to consider the claimant committed a serious non-political crime outside Canada prior to admission
  2. 2 Whether the claimant is excluded from refugee protection under Article 1F(b) of the Refugee Convention and s.98 IRPA
  3. 3 Whether the alleged crime is sufficiently "serious" to trigger exclusion

Ratio Decidendi

The Minister met the threshold of "serious reasons to consider" via Slovakian criminal records, judgment and arrest warrant indicating the claimant's involvement in tax evasion/fraud; the amount involved and mode of prosecution (conviction and five year sentence) support that the crime is serious and non-political; the claimant failed to rebut those serious reasons on a balance of probabilities; the Member properly exercised inquisitorial questioning and denied the recusal; therefore the claimant is excluded from refugee protection under Article 1F(b) and s.98 IRPA.

Court Disposition

Claimant excluded from refugee protection pursuant to Article 1F(b) of the Refugee Convention and s.98 of the Immigration and Refugee Protection Act; refugee protection claim rejected.

Orders

  • Claimant's refugee protection claim rejected.
  • No further determination on Convention refugee or person in need of protection status required because of exclusion.