TB0-08418

TB0-08418

The Panel accepted the court document establishing the younger claimant's conviction for causing a death and found the offence to be a serious non-political crime that could attract up to 14 years' imprisonment; on the standard of "serious reasons for considering" and applying the Gil incidence test and Jayasekara precedent, the younger claimant is excluded under Article 1F(b), whereas the older two claimants were found to be credible politically active BNF members and qualified as Convention refugees.

Citation
TB0-08418
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 January 2013
Procedural Posture
Refugee Protection / Convention Refugee Determination / Decision (reasons and Decision Dated January 7, 2013)
Outcome
Younger male claimant excluded from Convention refugee status and his claim rejected; the two older claimants accepted as Convention refugees
Legal Topics
Exclusion Under Article 1 F(b), Convention Refugee Status, Standard of Proof: "serious Reasons for Considering", Political Vs Non Political Crimes
Source Language
English
Immigration Refugee Law Criminal Law Exclusion Under Article 1 F(b) Convention Refugee Status Standard of Proof: "serious Reasons for Considering" Political Vs Non Political Crimes

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection / Convention Refugee Determination / Decision (reasons and Decision Dated January 7, 2013)

Legal Issues

  1. 1 Whether the younger male claimant committed a serious non-political crime outside Belarus prior to admission to Canada such that Article 1F(b) excludes him from Convention refugee status
  2. 2 Whether the older claimants qualify as Convention refugees because of persecution for political opinion
  3. 3 Whether serving a sentence prior to arrival negates Article 1F(b) exclusion

Ratio Decidendi

The Panel accepted the court document establishing the younger claimant's conviction for causing a death and found the offence to be a serious non-political crime that could attract up to 14 years' imprisonment; on the standard of "serious reasons for considering" and applying the Gil incidence test and Jayasekara precedent, the younger claimant is excluded under Article 1F(b), whereas the older two claimants were found to be credible politically active BNF members and qualified as Convention refugees.

Court Disposition

Younger male claimant excluded from Convention refugee status and his claim rejected; the two older claimants accepted as Convention refugees

Orders

  • Younger male claimant's refugee claim rejected pursuant to Article 1F(b) and s.98
  • XXXX XXXX and XXXX XXXX accepted as Convention refugees (claims allowed)