VA9-02534

VA9-02534

Panel accepted Interpol/Bosnia documentary evidence as credible and found the respondent knowingly denied being charged/convicted and being wanted; the misrepresentation was material because it pertained to alleged murder and would have given serious reasons to consider exclusion under Article 1F(b); therefore the original grant of Convention refugee status was obtained by misrepresentation and must be vacated under s.109(1) IRPA.

Citation
VA9-02534
Parties
Respondent (claimant): XXXXX XXXXX; Applicant (minister): Minister of Public Safety (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 February 2010
Procedural Posture
Vacation of Convention Refugee Status Under Section 109 IRPA / Decision on Minister's Application to Vacate (hearing Concluded)
Outcome
Minister's application allowed; original decision granting Convention refugee status vacated and claim deemed rejected
Legal Topics
Misrepresentation, Exclusion Article 1 F(b) (serious Non Political Crime), Vacation of Refugee Status, Credibility Assessment, Interpol/extradition Documentation
Source Language
English
Immigration Law Refugee Law Administrative Law Criminal Law Misrepresentation Exclusion Article 1 F(b) (serious Non Political Crime) Vacation of Refugee Status Credibility Assessment +1 more

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Parties

XXXXX XXXXX

Respondent (claimant)

Minister of Public Safety (Canada)

Applicant (minister)

Procedural Posture

Vacation of Convention Refugee Status Under Section 109 IRPA / Decision on Minister's Application to Vacate (hearing Concluded)

Legal Issues

  1. 1 Whether the respondent directly or indirectly misrepresented or withheld material facts relating to a relevant matter under s.109(1) IRPA
  2. 2 Whether the withheld/misrepresented facts were material and would have led to exclusion under Article 1F(b) of the Refugee Convention (serious non-political crime)
  3. 3 Whether the Minister's application should be rejected under s.109(2) IRPA due to other sufficient evidence

Ratio Decidendi

Panel accepted Interpol/Bosnia documentary evidence as credible and found the respondent knowingly denied being charged/convicted and being wanted; the misrepresentation was material because it pertained to alleged murder and would have given serious reasons to consider exclusion under Article 1F(b); therefore the original grant of Convention refugee status was obtained by misrepresentation and must be vacated under s.109(1) IRPA.

Court Disposition

Minister's application allowed; original decision granting Convention refugee status vacated and claim deemed rejected

Orders

  • The decision conferring Convention refugee status is vacated pursuant to section 109(1) IRPA
  • The claim of XXXXX XXXXX is deemed to be rejected and the decision that led to the conferral of refugee protection is nullified pursuant to section 109(3) IRPA