VA2-01813

VA2-01813

The panel found serious reasons to consider the claimant, prior to entering Canada, provided ephedrine to methamphetamine manufacturers and pled guilty to that conduct; those acts would constitute an offence in Canada by operation of CDSA s.7 read with CCC s.21(1)(b), the offence is 'serious' (exposure to maximum sentences of ten years or more), and the claimant's failure to complete the full sentence because of deportation does not prevent exclusion; accordingly the claimant is excluded under Article 1F(b).

Citation
VA2-01813
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Minister: Minister of Citizenship and Immigration (represented)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 May 2006
Procedural Posture
Refugee Protection Exclusion (article 1 F) / Decision Following Hearing De Novo
Outcome
Claimant excluded under Article 1F(b) of the UN Convention; inclusionary aspects of the refugee claim not considered
Legal Topics
Exclusion, Article 1 F(b), Serious Non Political Crime, Foreign Offences, Aiding and Abetting, Drug Trafficking, Sur Place
Source Language
English
Immigration Refugee Law Criminal Law Extradition Exclusion Article 1 F(b) Serious Non Political Crime Foreign Offences +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration (represented)

Minister

Procedural Posture

Refugee Protection Exclusion (article 1 F) / Decision Following Hearing De Novo

Legal Issues

  1. 1 Whether there are serious reasons to consider the claimant committed a serious non‑political crime outside Canada prior to admission
  2. 2 Whether the claimant's acts in the U.S. would constitute an offence in Canada
  3. 3 Whether the offence is 'serious' for purposes of Article 1F(b)

Ratio Decidendi

The panel found serious reasons to consider the claimant, prior to entering Canada, provided ephedrine to methamphetamine manufacturers and pled guilty to that conduct; those acts would constitute an offence in Canada by operation of CDSA s.7 read with CCC s.21(1)(b), the offence is 'serious' (exposure to maximum sentences of ten years or more), and the claimant's failure to complete the full sentence because of deportation does not prevent exclusion; accordingly the claimant is excluded under Article 1F(b).

Court Disposition

Claimant excluded under Article 1F(b) of the UN Convention; inclusionary aspects of the refugee claim not considered