TA7-00557

TA7-00557

On the evidence, including the Greek trial transcript, there are serious reasons to conclude the claimant committed a serious non-political crime (multiple stab wounds causing death); the Greek proceedings were fair and mitigating factors (self-defence, lack of counsel, language, remorse, rehabilitation, sentence served) are insufficient to displace exclusion; therefore the claimant is excluded under Article 1F(b).

Citation
TA7-00557
Parties
Claimant / Asylum Seeker: XXXX (formerly XXXX) XXXX; Respondent / Minister: The Minister of Public Safety; Decision Maker / Tribunal: Refugee Protection Division (Cliff Berry)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 July 2011
Procedural Posture
Refugee Exclusion Under Article 1 F(b) of the 1951 Refugee Convention / Decision (exclusion)
Outcome
Claimant excluded from Canada's protection pursuant to Article 1F(b) of the 1951 Refugee Convention; exclusion applied under ss.96 and 97 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion, Article 1 F(b), Serious Non Political Crime, Credibility, Fair Trial, Mitigating Factors, Remorse and Rehabilitation, Humanitarian and Compassionate Considerations
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Article 1 F(b) Serious Non Political Crime Credibility +4 more

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Parties

XXXX (formerly XXXX) XXXX

Claimant / Asylum Seeker

The Minister of Public Safety

Respondent / Minister

Refugee Protection Division (Cliff Berry)

Decision Maker / Tribunal

Procedural Posture

Refugee Exclusion Under Article 1 F(b) of the 1951 Refugee Convention / Decision (exclusion)

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed a serious non-political crime prior to admission to Canada
  2. 2 Whether the Greek convictions and proceedings were sufficiently fair to be accorded weight
  3. 3 Whether mitigating factors (self-defence, flawed trial, remorse, rehabilitation, sentence served) displace exclusion under Article 1F(b)

Ratio Decidendi

On the evidence, including the Greek trial transcript, there are serious reasons to conclude the claimant committed a serious non-political crime (multiple stab wounds causing death); the Greek proceedings were fair and mitigating factors (self-defence, lack of counsel, language, remorse, rehabilitation, sentence served) are insufficient to displace exclusion; therefore the claimant is excluded under Article 1F(b).

Court Disposition

Claimant excluded from Canada's protection pursuant to Article 1F(b) of the 1951 Refugee Convention; exclusion applied under ss.96 and 97 of the Immigration and Refugee Protection Act.

Orders

  • Refugee Protection Division excludes XXXX (formerly XXXX) XXXX from Canada's protection pursuant to Article 1F(b) of the Convention (decision dated July 26, 2011).