MA2-01726

MA2-01726

Libel carries a maximum sentence of three years in Argentina which is below the five-year threshold for 'serious non-political crimes', so exclusion does not apply; the adverse treatment (dismissal and libel prosecution) was lawful or managerial rather than persecution for a Convention ground, therefore not a Convention refugee; independent credible international and domestic evidence establishes systemic torture and inhumane prison conditions in Argentina, and given the claimant's likely detention in the relevant province and personal circumstances there is a serious possibility he would face torture or cruel and unusual treatment on return, therefore he is a person in need of protection...

Citation
MA2-01726
Parties
Claimant: XXXXXXXXXXXXXXXX; Panel Member: Me Gilles Éthier; Refugee Protection Officer: Myriam De Bailleul
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 September 2002
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claimant not found to be a Convention refugee but found to be a person in need of protection; refugee protection accepted on protection-from-torture grounds.
Legal Topics
Exclusion Clause (1 F/b), Person in Need of Protection (s.97 Irpa), Torture and Cruel and Unusual Treatment, Political Opinion, Membership of Social Group, Libel Charge, Standard of Proof
Source Language
English
Immigration Law Refugee Law International Human Rights Law Criminal Law Exclusion Clause (1 F/b) Person in Need of Protection (s.97 Irpa) Torture and Cruel and Unusual Treatment Political Opinion +3 more

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Parties

XXXXXXXXXXXXXXXX

Claimant

Me Gilles Éthier

Panel Member

Myriam De Bailleul

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(b)/s.1F(b) for a serious non-political crime
  2. 2 Whether the claimant fears persecution for a Convention ground (political opinion or membership of a social group)
  3. 3 Whether the claimant is a person in need of protection under s.97(1)(a) because of a risk of torture or cruel and unusual treatment

Ratio Decidendi

Libel carries a maximum sentence of three years in Argentina which is below the five-year threshold for 'serious non-political crimes', so exclusion does not apply; the adverse treatment (dismissal and libel prosecution) was lawful or managerial rather than persecution for a Convention ground, therefore not a Convention refugee; independent credible international and domestic evidence establishes systemic torture and inhumane prison conditions in Argentina, and given the claimant's likely detention in the relevant province and personal circumstances there is a serious possibility he would face torture or cruel and unusual treatment on return, therefore he is a person in need of protection...

Court Disposition

Claimant not found to be a Convention refugee but found to be a person in need of protection; refugee protection accepted on protection-from-torture grounds.

Orders

  • Exclusion under Article 1F(b) does not apply to the claimant
  • Claimant recognized as a person in need of protection under s.97(1)(a) of the Immigration and Refugee Protection Act and claim accepted