CA4-00212

CA4-00212

Documentary evidence and credible witness testimony established convictions for aggravated first degree rape and robbery involving a weapon and corroborated aggravating facts; claimant breached parole and an outstanding parole arrest warrant exists so the sentence was not completed; no mitigating circumstances or legal errors negated the convictions; therefore there are serious reasons for considering the claimant committed serious non-political crimes and Article 1F(b) excludes him from refugee protection and protection as a person in need of protection.

Citation
CA4-00212
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant Counsel: David Matas; Minister's Counsel: L. Offrowich; Refugee Protection Officer: Bjorn Harsanyi; Panel Member: Gordon McKenzie; Designated Representative: NIL
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 December 2004
Procedural Posture
Refugee Protection Claim (exclusion Under Article 1 F(b)) / Hearing and Final Decision
Outcome
Claim denied; claimant excluded under Article 1F(b) and not a person in need of protection.
Legal Topics
Exclusion Clause, Article 1 F(b), Serious Non Political Crime, Parole, Juvenile Convictions, Credibility
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Clause Article 1 F(b) Serious Non Political Crime Parole +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

David Matas

Claimant Counsel

L. Offrowich

Minister's Counsel

Bjorn Harsanyi

Refugee Protection Officer

Gordon McKenzie

Panel Member

NIL

Designated Representative

Procedural Posture

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

Legal Issues

  1. 1 Whether claimant is excluded from refugee protection under Article 1F(b) for committing a serious non-political crime outside country of refuge
  2. 2 Whether the convictions qualify as 'serious' non-political crimes
  3. 3 Whether the crimes were political in nature

Ratio Decidendi

Documentary evidence and credible witness testimony established convictions for aggravated first degree rape and robbery involving a weapon and corroborated aggravating facts; claimant breached parole and an outstanding parole arrest warrant exists so the sentence was not completed; no mitigating circumstances or legal errors negated the convictions; therefore there are serious reasons for considering the claimant committed serious non-political crimes and Article 1F(b) excludes him from refugee protection and protection as a person in need of protection.

Court Disposition

Claim denied; claimant excluded under Article 1F(b) and not a person in need of protection.

Orders

  • Claim rejected; claimant is not a Convention refugee.
  • Claimant excluded from being a person in need of protection pursuant to s.97(1) and s.98 of the Immigration and Refugee Protection Act.