VB7-02931

VB7-02931

The RAD confirmed the RPD: the appellant minister did not meet the burden to show serious reasons for considering the principal respondent committed a serious non-political crime under Article 1F(b); the principal respondent acted to avoid imminent harm and section 285 of the Criminal Code applies as a defence, mitigating the act; credibility findings were reasonable; associate respondents have nexus to Convention grounds through imputed or actual religion and as members of the family PSG; no state protection or internal flight alternative exists in Iran; accordingly the respondents are Convention refugees under s.96 IRPA and the appeal is dismissed.

Citation
VB7-02931
Parties
Principal Respondent / Claimant: XXXX XXXX; Associate Respondent / Minor Claimant: XXXX XXXX XXXX; Appellant Minister: Appellant Minister (Minister of Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 April 2018
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Decision
Outcome
Appeal dismissed; RPD determination confirmed that respondents are Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion Under Article 1 F(b), Credibility, Nexus to Convention Grounds, Child Refugee Claimants, Gender Based Persecution, Necessity Defence, Parental Child Abduction, Standard of Review
Source Language
English
Immigration Law Refugee Law Family Law Criminal Law International Law Exclusion Under Article 1 F(b) Credibility Nexus to Convention Grounds +5 more

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Parties

XXXX XXXX

Principal Respondent / Claimant

XXXX XXXX XXXX

Associate Respondent / Minor Claimant

Appellant Minister (Minister of Immigration)

Appellant Minister

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether there are serious reasons for considering the principal respondent committed a serious non-political crime (parental child abduction) under Article 1F(b)
  2. 2 Whether the necessity defence (Criminal Code s.285) applies to negate criminality/exclusion
  3. 3 Whether associate respondents have nexus to Convention grounds via religion or membership in a particular social group (family)

Ratio Decidendi

The RAD confirmed the RPD: the appellant minister did not meet the burden to show serious reasons for considering the principal respondent committed a serious non-political crime under Article 1F(b); the principal respondent acted to avoid imminent harm and section 285 of the Criminal Code applies as a defence, mitigating the act; credibility findings were reasonable; associate respondents have nexus to Convention grounds through imputed or actual religion and as members of the family PSG; no state protection or internal flight alternative exists in Iran; accordingly the respondents are Convention refugees under s.96 IRPA and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed that respondents are Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Determination of the Refugee Protection Division dated May 10, 2017 confirmed; appeal dismissed pursuant to IRPA para.111(1)(a)