MB1-00861

MB1-00861

The panel accepted reliable police, court and expert evidence and the claimant's admissions that he was in possession of cocaine and lived at the searched address; the offence (trafficking in cocaine) is a serious non-political crime which, if committed in Canada, would attract life imprisonment; therefore the claimant falls within Article 1F(b) and is excluded from refugee protection and protection under ss.96-97 IRPA.

Citation
MB1-00861
Parties
Claimant (asylum Seeker): XXXX XXXX XXXX XXXX; Respondent (minister's Representative): Minister of Public Safety
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 January 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Exclusion Determination Under Article 1 F(b) — Final Decision
Outcome
Claim dismissed. Claimant excluded under Article 1F(b) of the Refugee Convention and determined to be a person described in s.98 IRPA; not a Convention refugee nor a person in need of protection.
Legal Topics
Exclusion (article 1 F(b)), Serious Non Political Crime, Drug Trafficking, Credibility Findings, Res Judicata/inadmissibility
Source Language
English
Immigration Law Refugee Law Criminal Law International Law Exclusion (article 1 F(b)) Serious Non Political Crime Drug Trafficking Credibility Findings +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant (asylum Seeker)

Minister of Public Safety

Respondent (minister's Representative)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Exclusion Determination Under Article 1 F(b) — Final Decision

Legal Issues

  1. 1 Whether the claimant committed a serious non-political crime (trafficking in cocaine) outside Canada
  2. 2 Whether the claimant falls within Article 1F(b) of the Refugee Convention and is therefore excluded from protection
  3. 3 Whether the claimant is a Convention refugee or a person in need of protection under ss.96-97 IRPA

Ratio Decidendi

The panel accepted reliable police, court and expert evidence and the claimant's admissions that he was in possession of cocaine and lived at the searched address; the offence (trafficking in cocaine) is a serious non-political crime which, if committed in Canada, would attract life imprisonment; therefore the claimant falls within Article 1F(b) and is excluded from refugee protection and protection under ss.96-97 IRPA.

Court Disposition

Claim dismissed. Claimant excluded under Article 1F(b) of the Refugee Convention and determined to be a person described in s.98 IRPA; not a Convention refugee nor a person in need of protection.

Orders

  • Refugee protection claim rejected
  • Claimant excluded from protection under Article 1F(b) of the Refugee Convention and s.98 of the IRPA