VA9-02289

VA9-02289

Principal claimant excluded under Article 1F(b) because of his guilty plea and sentencing for possession with intent to distribute cocaine amounting to a serious non-political crime; associate claimants' protection claims fail because on the balance of probabilities an adequate internal flight alternative exists (Queretaro) and state protection there is available, and the evidence does not show a real risk from the Juarez cartel to justify protection.

Citation
VA9-02289
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Associate Claimant: XXXXXXXXXXXXXXXXXXXXXXXX; Associate Claimant: XXXXXXXX XXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 July 2012
Procedural Posture
Refugee Protection Claim / Reasons and Decision
Outcome
Claims rejected; principal claimant excluded from refugee protection under Article 1F(b) and s.98 IRPA; associate claimants found neither Convention refugees nor persons in need of protection.
Legal Topics
Article 1 F Exclusion, Internal Flight Alternative, State Protection, Non Political Crime, Drug Trafficking, Organized Crime, Convention Refugee
Source Language
English
Immigration Refugee Law Criminal Law International Law Article 1 F Exclusion Internal Flight Alternative State Protection Non Political Crime +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

XXXXXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXXXXXXXXXX

Associate Claimant

XXXXXXXX XXXXXXXXXXXXXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim / Reasons and Decision

Legal Issues

  1. 1 Whether the principal claimant is excluded from refugee protection under Article 1F(b)
  2. 2 Whether the associate claimants are Convention refugees
  3. 3 Whether the associate claimants are persons in need of protection under section 97(1)(b) of the IRPA

Ratio Decidendi

Principal claimant excluded under Article 1F(b) because of his guilty plea and sentencing for possession with intent to distribute cocaine amounting to a serious non-political crime; associate claimants' protection claims fail because on the balance of probabilities an adequate internal flight alternative exists (Queretaro) and state protection there is available, and the evidence does not show a real risk from the Juarez cartel to justify protection.

Court Disposition

Claims rejected; principal claimant excluded from refugee protection under Article 1F(b) and s.98 IRPA; associate claimants found neither Convention refugees nor persons in need of protection.

Orders

  • Principal claimant excluded from refugee protection pursuant to Article 1F(b) of the 1951 Convention and section 98 of the Immigration and Refugee Protection Act; associate claimants' claims under section 97(1)(b) dismissed; overall claims rejected.