TA3-05234

TA3-05234

The Minister met the burden of showing serious reasons to consider the principal claimant committed serious non-political fraud; the crime meets the threshold of 'serious criminality' (punishable by up to ten years) and therefore the principal claimant is excluded under Article 1F(b); consequently both claimants are not Convention refugees nor persons in need of protection.

Citation
TA3-05234
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Second Claimant (son): XXXXX XXXXX XXXXX XXXXX XXXXX; Refugee Protection Officer: V. Currie; Designated Representative: XXXXX XXXXX; Minister's Counsel: Minister; Decision Maker: M. Hayes
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 August 2006
Procedural Posture
Refugee Protection Claim (exclusion Under Article 1 F(b)) / Decision (refugee Protection Division)
Outcome
Claims dismissed. Principal claimant excluded from the Convention refugee definition under Article 1F(b) and both claimants found not to be Convention refugees or persons in need of protection.
Legal Topics
Exclusion (article 1 F(b)), Credibility Assessment, Convention Refugee Definition, Protection Claims, Fraud, Arrest Warrant, Documentary Evidence, Minister's Intervention
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion (article 1 F(b)) Credibility Assessment Convention Refugee Definition Protection Claims +4 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX

Second Claimant (son)

V. Currie

Refugee Protection Officer

XXXXX XXXXX

Designated Representative

Minister

Minister's Counsel

M. Hayes

Decision Maker

Procedural Posture

Refugee Protection Claim (exclusion Under Article 1 F(b)) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants left Paraguay due to persecution or to avoid prosecution
  2. 2 Credibility of claimants' allegations (kidnapping, duress)
  3. 3 Whether there are serious reasons for considering the principal claimant committed a serious non-political crime

Ratio Decidendi

The Minister met the burden of showing serious reasons to consider the principal claimant committed serious non-political fraud; the crime meets the threshold of 'serious criminality' (punishable by up to ten years) and therefore the principal claimant is excluded under Article 1F(b); consequently both claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims dismissed. Principal claimant excluded from the Convention refugee definition under Article 1F(b) and both claimants found not to be Convention refugees or persons in need of protection.

Orders

  • Decision dated 3 August 2006 dismissing refugee protection claims and excluding the principal claimant under Article 1F(b) of the Refugee Convention