TA9-09540

TA9-09540

The panel found the claimant committed multiple drug trafficking offences in the USA prior to entering Canada; the offences are serious non-political crimes (cumulative potential imprisonment over ten years), the US convictions were obtained by a fair process and therefore the claimant is excludable from refugee protection under Article 1F(b).

Citation
TA9-09540
Parties
Claimant (asylum Seeker): XXXXX XXXXX; Respondent / Minister: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 May 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Exclusion Under Article 1 F(b) of the Refugee Convention
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention.
Legal Topics
Exclusion Under Article 1 F(b), Serious Non Political Crimes, Drug Trafficking, Deportation, Loss of Permanent Resident Status
Source Language
English
Immigration Refugee Law Criminal Law Administrative Law Exclusion Under Article 1 F(b) Serious Non Political Crimes Drug Trafficking Deportation +1 more

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Parties

XXXXX XXXXX

Claimant (asylum Seeker)

Minister of Citizenship and Immigration (Canada)

Respondent / Minister

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Exclusion Under Article 1 F(b) of the Refugee Convention

Legal Issues

  1. 1 Whether claimant is excludable under Article 1F(b) of the Refugee Convention
  2. 2 Whether the claimant's US drug convictions constitute "serious non-political crimes" committed prior to entry to Canada
  3. 3 Whether the US convictions were obtained by a fair and independent process such that they can be relied upon for exclusion

Ratio Decidendi

The panel found the claimant committed multiple drug trafficking offences in the USA prior to entering Canada; the offences are serious non-political crimes (cumulative potential imprisonment over ten years), the US convictions were obtained by a fair process and therefore the claimant is excludable from refugee protection under Article 1F(b).

Court Disposition

Claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention.

Orders

  • Claimant excluded from refugee protection under Article 1F(b) (decision dated May 28, 2012).