VA7-01983

VA7-01983

The claimant is not excluded under Article 1F(b) because he was a minor (17) at the time of the alleged 2005 offence and would be subject to the Youth Criminal Justice Act rather than adult sentences of ten years or more; however he is not a Convention refugee because the risk he faces is generalized gang violence lacking nexus to a Convention ground and thus falls within s.97(1)(b)(ii), so his claim is rejected.

Citation
VA7-01983
Parties
Claimant (asylum Seeker): XXXXX XXXXX XXXXX XXXXX; Respondent (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 July 2008
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision)
Outcome
Claim rejected; not excluded under Article 1F(b); not a Convention refugee; no protection under sections 96 or 97 of IRPA.
Legal Topics
Convention Refugee, Exclusion (article 1 F(b)), Generalized Violence, Nexus to Convention Grounds, Youth Sentencing (ycja), Internal Relocation, Risk Assessment, Section 97(1)(b)(ii)
Source Language
English
Immigration Law Refugee Law Criminal Law Youth Criminal Law Convention Refugee Exclusion (article 1 F(b)) Generalized Violence Nexus to Convention Grounds +4 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant (asylum Seeker)

Minister of Public Safety and Emergency Preparedness

Respondent (minister)

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant should be excluded under Article 1F(b) for committing a serious non-political crime
  2. 2 Whether claimant was a minor at time of alleged offence and YCJA applies
  3. 3 Whether claimant qualifies as a Convention refugee (nexus to one of five Convention grounds)

Ratio Decidendi

The claimant is not excluded under Article 1F(b) because he was a minor (17) at the time of the alleged 2005 offence and would be subject to the Youth Criminal Justice Act rather than adult sentences of ten years or more; however he is not a Convention refugee because the risk he faces is generalized gang violence lacking nexus to a Convention ground and thus falls within s.97(1)(b)(ii), so his claim is rejected.

Court Disposition

Claim rejected; not excluded under Article 1F(b); not a Convention refugee; no protection under sections 96 or 97 of IRPA.

Orders

  • Refugee protection claim dismissed
  • No exclusion order issued under Article 1F(b)