MB4-03352

MB4-03352

On the record the RAD found credible documentary evidence (NRB letters, arrest warrant, press reporting) and the appellant's senior role; the alleged embezzlement is a serious non-political crime with a Canadian equivalent (Criminal Code s.380(1)(a)); the appellant's allegations of sexual harassment and threats were not credibly established and did not rebut exclusion; therefore there are serious reasons for considering she committed the crime and she is excluded under Article 1F(b) and cannot be a Convention refugee or person in need of protection.

Citation
MB4-03352
Parties
Appellant (person Who Is the Subject of the Appeal): XXXX XXXX XXXX; Intervenor: Minister of Public Safety of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 May 2015
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RAD confirms RPD determination that appellant is excluded under Article 1F(b) of the Refugee Convention and is not a Convention refugee or person in need of protection
Legal Topics
Exclusion Under Article 1 F(b), Serious Non Political Crime, Equivalence to Domestic Offence, Standard of Review/deference, Admissibility of New Evidence, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Under Article 1 F(b) Serious Non Political Crime Equivalence to Domestic Offence Standard of Review/deference +2 more

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Parties

XXXX XXXX XXXX

Appellant (person Who Is the Subject of the Appeal)

Minister of Public Safety of Canada

Intervenor

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether there are serious reasons for considering the appellant committed a serious non-political crime under Article 1F(b) of the Refugee Convention
  2. 2 Whether the alleged conduct has an equivalent offence in Canadian law
  3. 3 Whether the appellant's allegations of sexual harassment and threats rebut the exclusion

Ratio Decidendi

On the record the RAD found credible documentary evidence (NRB letters, arrest warrant, press reporting) and the appellant's senior role; the alleged embezzlement is a serious non-political crime with a Canadian equivalent (Criminal Code s.380(1)(a)); the appellant's allegations of sexual harassment and threats were not credibly established and did not rebut exclusion; therefore there are serious reasons for considering she committed the crime and she is excluded under Article 1F(b) and cannot be a Convention refugee or person in need of protection.

Court Disposition

Appeal dismissed; RAD confirms RPD determination that appellant is excluded under Article 1F(b) of the Refugee Convention and is not a Convention refugee or person in need of protection

Orders

  • Appeal dismissed
  • RPD determination confirmed (exclusion under Article 1F(b) upheld)