MB4-04106

The Tribunal found serious reasons for considering the claimant committed non-political, serious crimes abroad that would be equivalent to offences under Canadian law and therefore excluded the claimant from refugee protection under Article 1F(b) and section 98 IRPA.

Citation: MB4-04106
Parties: Claimant: XXXX XXXX; Intervener: Minister of Public Safety and Emergency Preparedness
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 20 June 2016
Procedural Posture: Refugee Claim / Decision With Reasons
Outcome: Claimant excluded from refugee protection and claim rejected under Article 1F(b) of the Refugee Convention and section 98 of the IRPA
Legal Topics: Exclusion Clause, Serious Non Political Crime, Article 1 F(b), Section 98 IRPA, Credibility and Identity
Source Language: English

Immigration Refugee Law Criminal Law International Law Exclusion Clause Serious Non Political Crime Article 1 F(b) Section 98 IRPA +1 more

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Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervener

Procedural Posture

Refugee Claim / Decision With Reasons

Legal Issues

1 Whether there are serious reasons for considering the claimant committed a serious non-political crime prior to entry into Canada
2 Whether Article 1F(b) of the Refugee Convention and section 98 IRPA apply to exclude the claimant from protection
3 Whether the claimant's identity and credibility are reliable such that convictions may be impugned

Ratio Decidendi

Court Disposition

Claimant excluded from refugee protection and claim rejected under Article 1F(b) of the Refugee Convention and section 98 of the IRPA

Orders

Claim dismissed; claimant excluded under section 98 IRPA and Article 1F(b) of the Refugee Convention