TB2-09187

TB2-09187

On the totality of the evidence the Tribunal found serious reasons to consider the claimant abducted the two minor claimants before coming to Canada, which constitutes a serious non-political crime under Article 1F(b) and excludes her from refugee protection; alternatively, the claimant was found not credible and an internal flight alternative in Abuja was available, so the claim is rejected under ss.96 and 97(1) IRPA.

Citation
TB2-09187
Parties
Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX; Respondent: Canada (Minister/CBSA); Designated Representative: Dr. XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 January 2015
Procedural Posture
Refugee Protection Claim (exclusion Under Article 1 F(b)) / Hearing and Decision (reasons for Decision)
Outcome
Claim rejected; claimant excluded under Article 1F(b); not a Convention refugee nor a person in need of protection
Legal Topics
Article 1 F(b) Exclusion, Convention Refugee Determination, Person in Need of Protection S.97(1) IRPA, Credibility Assessment, Internal Flight Alternative, Use of Fraudulent Documents, Gender Based Persecution
Source Language
English
Immigration and Refugee Law Administrative Law Criminal Law (abduction) Family Law (child Custody/abduction) Article 1 F(b) Exclusion Convention Refugee Determination Person in Need of Protection S.97(1) IRPA Credibility Assessment +3 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX

Minor Claimant

Canada (Minister/CBSA)

Respondent

Dr. XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim (exclusion Under Article 1 F(b)) / Hearing and Decision (reasons for Decision)

Legal Issues

  1. 1 Whether there are serious reasons to consider the claimant committed a serious non-political crime (abduction) under Article 1F(b)
  2. 2 Whether the claimant is a Convention refugee under s.96 IRPA
  3. 3 Whether the claimant is a person in need of protection under s.97(1) IRPA

Ratio Decidendi

On the totality of the evidence the Tribunal found serious reasons to consider the claimant abducted the two minor claimants before coming to Canada, which constitutes a serious non-political crime under Article 1F(b) and excludes her from refugee protection; alternatively, the claimant was found not credible and an internal flight alternative in Abuja was available, so the claim is rejected under ss.96 and 97(1) IRPA.

Court Disposition

Claim rejected; claimant excluded under Article 1F(b); not a Convention refugee nor a person in need of protection

Orders

  • Refugee Protection Division rejects the claim of XXXX XXXX XXXX
  • Refugee Protection Division rejects the claims of the two minor claimants as dependent on the main claim