TB1-01362

TB1-01362

Claimant is credible and has a well-founded fear of persecution in Jamaica as a gay woman, but reliable evidence establishes a U.S. conviction for a crime that is presumptively a serious non-political crime under Article 1F(b); the limited mitigating factors (no other criminality and passage of time) do not rebut the presumption, therefore claimant is excluded from refugee protection and not a person in need of protection.

Citation
TB1-01362
Parties
Claimant: XXXX XXXX (a.k.a. XXXX XXXX XXXX); Counsel for the Minister: Jennifer Daubney; Tribunal Member: Joel Bousfield
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 March 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Determination on Inclusion (refugee Status) and Exclusion (article 1 F(b))
Outcome
Claimant found to have a well-founded fear of persecution by reason of membership in the particular social group 'gay women' but excluded under Article 1F(b); not a Convention refugee and not a person in need of protection under subsection 97(1) IRPA.
Legal Topics
Convention Refugee, Article 1 F(b) Exclusion, Particular Social Group, Sexual Orientation Persecution, Credibility, Mitigation of Exclusion
Source Language
English
Immigration Refugee Law Human Rights Criminal Law Convention Refugee Article 1 F(b) Exclusion Particular Social Group Sexual Orientation Persecution +2 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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX (a.k.a. XXXX XXXX XXXX)

Claimant

Jennifer Daubney

Counsel for the Minister

Joel Bousfield

Tribunal Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Determination on Inclusion (refugee Status) and Exclusion (article 1 F(b))

Legal Issues

  1. 1 Whether claimant is a Convention refugee as a member of the particular social group 'gay women'
  2. 2 Whether the claimant is excluded from refugee protection under Article 1F(b) for committing a serious non-political crime
  3. 3 Whether the claimant's mitigating factors rebut the presumption that the crime is serious and non-political

Ratio Decidendi

Claimant is credible and has a well-founded fear of persecution in Jamaica as a gay woman, but reliable evidence establishes a U.S. conviction for a crime that is presumptively a serious non-political crime under Article 1F(b); the limited mitigating factors (no other criminality and passage of time) do not rebut the presumption, therefore claimant is excluded from refugee protection and not a person in need of protection.

Court Disposition

Claimant found to have a well-founded fear of persecution by reason of membership in the particular social group 'gay women' but excluded under Article 1F(b); not a Convention refugee and not a person in need of protection under subsection 97(1) IRPA.