MA6-08872

MA6-08872

Panel found the claimant credible on his account that police duties exposed him to persecution, accepted his explanations for inconsistent US evidence and false identity, and determined the US weapon offence (maximum five-year equivalent) did not constitute a serious non-political crime under Article 1F; on that basis and on balance of probabilities under s.97 the claimant was at risk to life and granted refugee status under s.96 of IRPA.

Citation
MA6-08872
Parties
Claimant: XXX XXXX XXXX; Panel/tribunal: Me Marie-Josée Hadaya; Respondent/minister: Minister of Citizenship and Immigration (delegate)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 September 2008
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision by Refugee Protection Division (merits Decision)
Outcome
Claimant granted refugee status
Legal Topics
Refugee Status Determination, Exclusion Clauses (article 1 F), Serious Non Political Crime, Well Founded Fear of Persecution, Political Opinion, Safe Third Country, Foreign Offence, Identity and Credibility
Source Language
English
Immigration Law Refugee Law Criminal Law Refugee Status Determination Exclusion Clauses (article 1 F) Serious Non Political Crime Well Founded Fear of Persecution Political Opinion +3 more

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Parties

XXX XXXX XXXX

Claimant

Me Marie-Josée Hadaya

Panel/tribunal

Minister of Citizenship and Immigration (delegate)

Respondent/minister

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant qualifies as a refugee under section 96 and paragraph 97(1)(b) of IRPA
  2. 2 Whether claimant is excluded under Article 1F of the Refugee Convention for having committed a serious non-political crime
  3. 3 Whether the claimant's conduct in the United States (use of false identity and weapon conviction) undermines credibility or bars protection

Ratio Decidendi

Panel found the claimant credible on his account that police duties exposed him to persecution, accepted his explanations for inconsistent US evidence and false identity, and determined the US weapon offence (maximum five-year equivalent) did not constitute a serious non-political crime under Article 1F; on that basis and on balance of probabilities under s.97 the claimant was at risk to life and granted refugee status under s.96 of IRPA.

Court Disposition

Claimant granted refugee status

Orders

  • Refugee status granted under section 96 of the Immigration and Refugee Protection Act
  • No exclusion applied under Article 1F of the Refugee Convention in respect of the US weapon offence