MA6-03954

MA6-03954

The panel excluded the male claimant under Article 1F(b) because his U.S. convictions for spousal assault and illegal possession of a firearm, the 24-month custodial sentence for the firearm offence, commission of the offence while on probation for a violent crime, and the factual circumstances demonstrated a serious non-political crime; separately, both claimants failed to discharge the burden of proof that they face a serious risk of persecution or serious harm, due to material credibility defects, omissions and misleading translations, and therefore are neither Convention refugees nor persons in need of protection.

Citation
MA6-03954
Parties
Claimant (male): XXXXX XXXXX XXXXX; Claimant (female): XXXXX XXXXX XXXXX; Respondent Minister: Minister of Citizenship and Immigration; Adjudicator / Panel Member: Pierre Duquette; Tribunal Officer: Catherine Fillion-Lauzière
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 January 2010
Procedural Posture
Refugee Protection (refugee Protection Division) / Decision Following Hearings; Minister Intervention Under Paragraph 170(e) IRPA Allowed
Outcome
Claim dismissed; claimants are not Convention refugees and not persons in need of protection; male claimant excluded under Article 1F(b).
Legal Topics
Exclusion (article 1 F(b)), Convention Refugee Determination, Persons in Need of Protection, Credibility and Documentary Evidence, Foreign Convictions and Sentencing
Source Language
English
Immigration Law Refugee Law Criminal Law International Law Exclusion (article 1 F(b)) Convention Refugee Determination Persons in Need of Protection Credibility and Documentary Evidence +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant (male)

XXXXX XXXXX XXXXX

Claimant (female)

Minister of Citizenship and Immigration

Respondent Minister

Pierre Duquette

Adjudicator / Panel Member

Catherine Fillion-Lauzière

Tribunal Officer

Procedural Posture

Refugee Protection (refugee Protection Division) / Decision Following Hearings; Minister Intervention Under Paragraph 170(e) IRPA Allowed

Legal Issues

  1. 1 Whether the male claimant is excluded from refugee protection under Article 1F(b) for committing serious non-political crimes prior to arrival in Canada
  2. 2 Whether the claimants meet the definition of Convention refugee
  3. 3 Whether the claimants are persons in need of protection under sections 97(1)(a) or (b) of IRPA

Ratio Decidendi

The panel excluded the male claimant under Article 1F(b) because his U.S. convictions for spousal assault and illegal possession of a firearm, the 24-month custodial sentence for the firearm offence, commission of the offence while on probation for a violent crime, and the factual circumstances demonstrated a serious non-political crime; separately, both claimants failed to discharge the burden of proof that they face a serious risk of persecution or serious harm, due to material credibility defects, omissions and misleading translations, and therefore are neither Convention refugees nor persons in need of protection.

Court Disposition

Claim dismissed; claimants are not Convention refugees and not persons in need of protection; male claimant excluded under Article 1F(b).

Orders

  • Minister's intervention under paragraph 170(e) allowed
  • Dismissal of the refugee protection claim; male claimant excluded from protection under Article 1F(b)