MA9-05338

MA9-05338

On the whole record the Minister discharged the burden under the 'serious reasons for considering' standard: documentary evidence and American records, including guilty pleas, police reports describing violent conduct (including against a minor), repeated incidents and court orders, establish that the claimant committed serious non-political crimes. Applying Jayasekara factors (elements, mode, penalty, facts, aggravating circumstances) the conduct is sufficiently serious to exclude the claimant under Article 1F(b) and section 98 of the Act; therefore the refugee protection claim must be rejected.

Citation
MA9-05338
Parties
Claimant: XXXX XXXX; Respondent/intervener: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 March 2013
Procedural Posture
Refugee Protection Claim (article 1 F(b) Exclusion) / Decision Following Hearing
Outcome
Claimant excluded under Article 1F(b) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act; refugee protection claim rejected.
Legal Topics
Exclusion Under Article 1 F(b), Identity and Credibility, Domestic Violence, Assault Causing Bodily Harm, Mode of Prosecution, Standard of Proof: Serious Reasons for Considering
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Under Article 1 F(b) Identity and Credibility Domestic Violence Assault Causing Bodily Harm +2 more

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Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent/intervener

Procedural Posture

Refugee Protection Claim (article 1 F(b) Exclusion) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is excluded from refugee protection under Article 1F(b) for committing serious non-political crimes prior to admission to Canada
  2. 2 Whether documentary and testimonial evidence establish claimant's identity and criminal conduct to the standard of 'serious reasons for considering'
  3. 3 Whether US convictions and surrounding facts constitute a serious non-political crime under Canadian assessment factors

Ratio Decidendi

On the whole record the Minister discharged the burden under the 'serious reasons for considering' standard: documentary evidence and American records, including guilty pleas, police reports describing violent conduct (including against a minor), repeated incidents and court orders, establish that the claimant committed serious non-political crimes. Applying Jayasekara factors (elements, mode, penalty, facts, aggravating circumstances) the conduct is sufficiently serious to exclude the claimant under Article 1F(b) and section 98 of the Act; therefore the refugee protection claim must be rejected.

Court Disposition

Claimant excluded under Article 1F(b) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act; refugee protection claim rejected.

Orders

  • Refugee protection claim rejected.
  • Claimant declared a person described by Article 1F(b) and therefore cannot be found to be a Convention refugee or a person in need of protection under section 97 of the Act.