TA9-07028

TA9-07028

On the evidence the Panel had serious reasons to consider the principal claimant knowingly procured and delivered restricted equipment to a criminal organization on three occasions, the defence of duress was not established, the claimant failed to seek or adequately pursue state protection, and his credibility was undermined by omissions; therefore he is excluded under Article 1F(b) and all claimants' refugee and protection claims are rejected.

Citation
TA9-07028
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXXXX; Female Claimant: XXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXXXXXXX; Counsel for Claimants: Daniel M Fine; Counsel for the Minister: Ralph Skilton; Tribunal Member: Paul G.C. Robinson; Tribunal Officer: Jessica Murata; Designated Representative: XXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 February 2012
Procedural Posture
Refugee Protection Division Exclusion Hearing Under Article 1 F(b) / Hearing Concluded; Decision Issued
Outcome
Principal claimant excluded under Article 1F(b) of the 1951 Refugee Convention and IRPA; all claimants denied refugee protection and protection claims rejected
Legal Topics
Exclusion (article 1 F(b)), Serious Non‑political Crime, Criminal Organization Liability, Defence of Duress, State Protection, Credibility Assessment, Nexus to Convention Grounds, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion (article 1 F(b)) Serious Non‑political Crime Criminal Organization Liability Defence of Duress +4 more

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Parties

XXXXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXXXXXX

Female Claimant

XXXXXXXXXXXXXXXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXXXXXXXXXX

Minor Claimant

Daniel M Fine

Counsel for Claimants

Ralph Skilton

Counsel for the Minister

Paul G.C. Robinson

Tribunal Member

Jessica Murata

Tribunal Officer

XXXXXXXXXXXXXXXXX

Designated Representative

Procedural Posture

Refugee Protection Division Exclusion Hearing Under Article 1 F(b) / Hearing Concluded; Decision Issued

Legal Issues

  1. 1 Whether there are serious reasons for considering the principal claimant committed serious non‑political crimes under Article 1F(b)
  2. 2 Whether the defence of duress excuses the claimant's conduct
  3. 3 Whether the claimant's evidence is credible and trustworthy

Ratio Decidendi

On the evidence the Panel had serious reasons to consider the principal claimant knowingly procured and delivered restricted equipment to a criminal organization on three occasions, the defence of duress was not established, the claimant failed to seek or adequately pursue state protection, and his credibility was undermined by omissions; therefore he is excluded under Article 1F(b) and all claimants' refugee and protection claims are rejected.

Court Disposition

Principal claimant excluded under Article 1F(b) of the 1951 Refugee Convention and IRPA; all claimants denied refugee protection and protection claims rejected