TA4-06067

TA4-06067

The Minister established serious reasons for considering the claimant committed large-scale fraud and related economic crimes outside Canada supported by documentary evidence and witness statements; the claimant failed to rebut this with credible evidence and was found not credible. The fraudulent conduct, if committed in Canada, would attract maximum sentences equivalent to the threshold for "serious non-political crime." Accordingly the claimant is excluded under Article 1F(b) and Section 98 IRPA. Alternatively, even absent exclusion, the claimant's fear is prosecution for ordinary criminal laws, not persecution for a Convention reason, so the refugee claim fails.

Citation
TA4-06067
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: E. Lerner; Minister's Counsel: Jason Yustin; Adjudicator: Puttaveeraiah Prabhakara
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 November 2006
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing Completed; Decision Issued
Outcome
Refugee protection claim dismissed; claimant excluded under Article 1F(b) and Section 98 IRPA and, in any event, not a Convention refugee or person in need of protection.
Legal Topics
Exclusion Under Article 1 F(b), Serious Non Political Crime, Credibility, Persecution Vs Prosecution, Delay in Filing Claim, Evidence Admissibility
Source Language
English
Immigration Law Refugee Law Administrative Law Criminal Law International Law Exclusion Under Article 1 F(b) Serious Non Political Crime Credibility +3 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

E. Lerner

Refugee Protection Officer

Jason Yustin

Minister's Counsel

Puttaveeraiah Prabhakara

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing Completed; Decision Issued

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed serious non-political crimes outside Canada (Article 1F(b))
  2. 2 Whether the claimant's fear amounts to persecution for a Convention reason or legitimate prosecution
  3. 3 Credibility and reliability of claimant's evidence and documentary proof

Ratio Decidendi

The Minister established serious reasons for considering the claimant committed large-scale fraud and related economic crimes outside Canada supported by documentary evidence and witness statements; the claimant failed to rebut this with credible evidence and was found not credible. The fraudulent conduct, if committed in Canada, would attract maximum sentences equivalent to the threshold for "serious non-political crime." Accordingly the claimant is excluded under Article 1F(b) and Section 98 IRPA. Alternatively, even absent exclusion, the claimant's fear is prosecution for ordinary criminal laws, not persecution for a Convention reason, so the refugee claim fails.

Court Disposition

Refugee protection claim dismissed; claimant excluded under Article 1F(b) and Section 98 IRPA and, in any event, not a Convention refugee or person in need of protection.

Orders

  • Refugee protection claim rejected; claimant excluded under Article 1F(b) of the Refugee Convention and Section 98 of the IRPA