MB3-02618

MB3-02618

The panel found there are serious reasons to believe the claimant knowingly and repeatedly trafficked cocaine for the FARC, that the offence is indictable and sufficiently serious, and that the claimant failed to prove duress (no imminent peril and conduct over years), therefore he is excluded from refugee protection under Article 1F(b).

Citation
MB3-02618
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Public Safety (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 September 2014
Procedural Posture
Refugee Protection Claim (irpa Sections 96, 97(1)) / Decision and Reasons on Exclusion Under Article 1 F(b)
Outcome
Claimant excluded from protection under Article 1F(b) of the Refugee Convention; refugee protection claim rejected.
Legal Topics
Exclusion, Article 1 F(b), Serious Non Political Crime, Duress, Trafficking in Narcotics, Controlled Drugs and Substances Act
Source Language
English
Immigration Law Refugee Law Criminal Law Exclusion Article 1 F(b) Serious Non Political Crime Duress Trafficking in Narcotics +1 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 9 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister of Public Safety (Canada)

Respondent (minister)

Procedural Posture

Refugee Protection Claim (irpa Sections 96, 97(1)) / Decision and Reasons on Exclusion Under Article 1 F(b)

Legal Issues

  1. 1 Whether the claimant is excluded under Article 1F(b) of the Refugee Convention
  2. 2 Whether transporting cocaine for the FARC constitutes a serious non-political crime
  3. 3 Whether the claimant committed the acts voluntarily or under duress

Ratio Decidendi

The panel found there are serious reasons to believe the claimant knowingly and repeatedly trafficked cocaine for the FARC, that the offence is indictable and sufficiently serious, and that the claimant failed to prove duress (no imminent peril and conduct over years), therefore he is excluded from refugee protection under Article 1F(b).

Court Disposition

Claimant excluded from protection under Article 1F(b) of the Refugee Convention; refugee protection claim rejected.

Orders

  • Refugee protection claim rejected; claimant excluded from protection pursuant to Article 1F(b) of the Convention