TB1-00554

TB1-00554

The panel found on the totality of evidence that the claimant committed five home invasions in the USA that, if committed in Canada, would attract maximum penalties meeting the 'serious crime' threshold; there was no persuasive evidence of political purpose or unfair convictions; therefore the claimant is excludable under Article 1F(b) and s.170(e) IRPA.

Citation
TB1-00554
Parties
Claimant: XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 January 2013
Procedural Posture
Refugee Protection Exclusion Under Article 1 F(b) / Hearing and Decision (refugee Protection Division)
Outcome
Claimant excluded from refugee protection
Legal Topics
Exclusion, Article 1 F(b), Serious Non Political Crime, Conviction Recognition, Home Invasion, Burden of Proof
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Article 1 F(b) Serious Non Political Crime Conviction Recognition +2 more

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Respondent (minister)

Procedural Posture

Refugee Protection Exclusion Under Article 1 F(b) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant committed a 'serious non-political crime' prior to admission to the country of refuge
  2. 2 Whether the claimant's convictions and sentence satisfy the threshold for exclusion under Article 1F(b) and s.170(e) IRPA
  3. 3 Whether convictions were political or obtained unfairly such that exclusion should not apply

Ratio Decidendi

The panel found on the totality of evidence that the claimant committed five home invasions in the USA that, if committed in Canada, would attract maximum penalties meeting the 'serious crime' threshold; there was no persuasive evidence of political purpose or unfair convictions; therefore the claimant is excludable under Article 1F(b) and s.170(e) IRPA.

Court Disposition

Claimant excluded from refugee protection

Orders

  • Refugee Protection Division excludes XXXX XXXX from refugee protection pursuant to Article 1F(b) of the Refugee Convention and s.170(e) IRPA
  • No refugee protection granted to the claimant