VA9-04506

VA9-04506

The claimant's conviction for DUI causing bodily harm, failure to complete rehabilitation, and deliberate breach of parole culminating in flight from the United States provide serious reasons to consider that he committed a serious non‑political crime outside the country of refuge, and therefore he is excluded from refugee protection under Article 1F(b).

Citation
VA9-04506
Parties
Claimant / Asylum Seeker: XXXX XXXX XXXX; Respondent / Minister's Counsel: Minister of Citizenship and Immigration (represented); Decision Maker / Panel: Luella Gaultier
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 September 2012
Procedural Posture
Refugee Protection Claim With Exclusion Determination Under Article 1 F(b) / Hearing and Written Reasons (decision Rendered September 04, 2012)
Outcome
Excluded from Convention refugee protection under Article 1F(b); refugee claim not examined on merits
Legal Topics
Exclusion, Article 1 F(b), Serious Non Political Crime, Parole Violation, DUI Causing Bodily Harm, Ministerial Intervention
Source Language
English
Immigration Law Refugee Law Criminal Law International Law Exclusion Article 1 F(b) Serious Non Political Crime Parole Violation +2 more

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Parties

XXXX XXXX XXXX

Claimant / Asylum Seeker

Minister of Citizenship and Immigration (represented)

Respondent / Minister's Counsel

Luella Gaultier

Decision Maker / Panel

Procedural Posture

Refugee Protection Claim With Exclusion Determination Under Article 1 F(b) / Hearing and Written Reasons (decision Rendered September 04, 2012)

Legal Issues

  1. 1 Whether the claimant committed a serious non-political crime outside the country of refuge prior to admission
  2. 2 Whether the US convictions and parole breach amount to "serious reasons for considering" exclusion under Article 1F(b)
  3. 3 Whether the claimant can be excluded from refugee protection despite claimed persecution in country of origin

Ratio Decidendi

The claimant's conviction for DUI causing bodily harm, failure to complete rehabilitation, and deliberate breach of parole culminating in flight from the United States provide serious reasons to consider that he committed a serious non‑political crime outside the country of refuge, and therefore he is excluded from refugee protection under Article 1F(b).

Court Disposition

Excluded from Convention refugee protection under Article 1F(b); refugee claim not examined on merits

Orders

  • Claimant is excluded from the definition of Convention refugee pursuant to Article 1F(b) of the UN Convention Relating to the Status of Refugees
  • No further finding on the claimant's inclusion refugee claim was made