CA2-00788

CA2-00788

The claimant faces prosecution for alleged serious criminal conduct under laws of general application and has not shown a nexus between any harm and a Convention ground; the prospective sentence (7–14 years) and documented federal prison conditions, while harsh, are not disproportionate or tantamount to torture or cruel and unusual treatment; there is insufficient evidence he would be targeted for his political opinions or membership in a particular social group; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
CA2-00788
Parties
Claimant: XXXXXXXXXXXXX; Claimant's Counsel: Alex Stojicevec; Refugee Protection Officer: Judith Sharpe; Decisionmaker: Andrew Rozdilsky
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 May 2003
Procedural Posture
Refugee Protection Claim / Decision (reasons for Decision)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Mandatory Minimum Sentencing, Cruel and Unusual Punishment, Persecution, Political Opinion, Particular Social Group, Law of General Application, Prison Conditions
Source Language
English
Immigration Refugee Law Criminal Law International Human Rights Convention Refugee Person in Need of Protection Mandatory Minimum Sentencing Cruel and Unusual Punishment +5 more

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Parties

XXXXXXXXXXXXX

Claimant

Alex Stojicevec

Claimant's Counsel

Judith Sharpe

Refugee Protection Officer

Andrew Rozdilsky

Decisionmaker

Procedural Posture

Refugee Protection Claim / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether prosecution under a law of general application (criminal indictment) constitutes persecution
  3. 3 Whether mandatory minimum sentencing and proposed terms (7–14 years) amount to cruel and unusual punishment

Ratio Decidendi

The claimant faces prosecution for alleged serious criminal conduct under laws of general application and has not shown a nexus between any harm and a Convention ground; the prospective sentence (7–14 years) and documented federal prison conditions, while harsh, are not disproportionate or tantamount to torture or cruel and unusual treatment; there is insufficient evidence he would be targeted for his political opinions or membership in a particular social group; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection

Orders

  • Claimant's refugee protection claim denied; no protection granted