VA3-04777

VA3-04777

Based on documentary evidence (summons), the scale of the alleged fraud (~10 million RMB), admissions and multiple credibility findings, the Tribunal found there are serious reasons for considering the claimant committed a serious non-political crime and therefore the claimant is excluded under Article 1F(b).

Citation
VA3-04777
Parties
Claimant: XXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 October 2004
Procedural Posture
Refugee Protection Claim (article 1 F(b) Exclusion) / Decision (refused Exclusion)
Outcome
Claim rejected; excluded under Article 1F(b) and not a Convention refugee or person in need of protection.
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Credibility, Economic Offence
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Article 1 F(b) Exclusion Serious Non Political Crime Credibility Economic Offence

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Parties

XXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed a serious non-political crime under Article 1F(b)
  2. 2 Whether the claimant's evidence and explanations are credible
  3. 3 Whether an economic offence of the scale alleged qualifies as a serious crime for exclusion

Ratio Decidendi

Based on documentary evidence (summons), the scale of the alleged fraud (~10 million RMB), admissions and multiple credibility findings, the Tribunal found there are serious reasons for considering the claimant committed a serious non-political crime and therefore the claimant is excluded under Article 1F(b).

Court Disposition

Claim rejected; excluded under Article 1F(b) and not a Convention refugee or person in need of protection.

Orders

  • Claim dismissed
  • Applicant excluded under Article 1F(b) pursuant to IRPA s.98