TB2-00692

TB2-00692

The Tribunal found that the Minister met the required 'serious reasons for considering' standard based on admissions to US authorities, DHS/USCIS/IAFIS records, and repeated use of fraudulently obtained travel and identity documents; those facts, together with aggravating factors and lack of credible mitigating explanations, established that the claimant committed serious non-political crimes outside Canada prior to seeking protection and is therefore excluded under Article 1F(b), so the refugee claims of the claimant and the minor claimants were rejected.

Citation
TB2-00692
Parties
Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX; Counsel for Claimant: John Rokakis; Counsel for the Minister: Pat Retsinas; Adjudicator: Lesley Mason
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 November 2018
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division Decision)
Outcome
Claim rejected; claimant and two minor claimants excluded from refugee protection under Article 1F(b) and not found to be Convention refugees or persons in need of protection.
Legal Topics
Exclusion Under Article 1 F(b), Identity Fraud, Forgery/uttering Forged Passport, Standard of Proof for Exclusion, Credibility and Credibility Findings, Minor Claimants
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Under Article 1 F(b) Identity Fraud Forgery/uttering Forged Passport Standard of Proof for Exclusion +2 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX

Minor Claimant

John Rokakis

Counsel for Claimant

Pat Retsinas

Counsel for the Minister

Lesley Mason

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division Decision)

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed serious non-political crimes outside the country of refuge prior to admission to Canada
  2. 2 Whether the claimant is excluded from refugee protection under Article 1F(b) of the Refugee Convention as incorporated in IRPA
  3. 3 Whether the minor claimants make independent claims for protection

Ratio Decidendi

The Tribunal found that the Minister met the required 'serious reasons for considering' standard based on admissions to US authorities, DHS/USCIS/IAFIS records, and repeated use of fraudulently obtained travel and identity documents; those facts, together with aggravating factors and lack of credible mitigating explanations, established that the claimant committed serious non-political crimes outside Canada prior to seeking protection and is therefore excluded under Article 1F(b), so the refugee claims of the claimant and the minor claimants were rejected.

Court Disposition

Claim rejected; claimant and two minor claimants excluded from refugee protection under Article 1F(b) and not found to be Convention refugees or persons in need of protection.

Orders

  • Refugee claims rejected; no protection granted