VA6-00152

VA6-00152

The panel found s.105(1) IRPA inapplicable to require suspension, accepted that claimants committed serious criminal acts, and concluded those acts lacked the requisite political purpose-nexus and were disproportionate to any political objective; therefore the claimants are excluded under Article 1F(b) as having committed serious non-political crimes.

Citation
VA6-00152
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister; Refugee Protection Officer: D. Young; Panel Member: Fred Hitchcock
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 February 2007
Procedural Posture
Refugee Protection Exclusion Pursuant to Article 1 F(b) / Decision Following Exclusion Hearing (panel Reversed Prior Suspension and Proceeded With Exclusion Determination)
Outcome
Claimants excluded from refugee protection pursuant to Article 1F(b) of the Refugee Convention
Legal Topics
Article 1 F(b) Exclusion, Political Vs Non Political Crime, S.105(1) IRPA Suspension, Equivalency of Foreign Offences, Seriousness of Offences
Source Language
English
Immigration Law Refugee Law Criminal Law Extradition Law Article 1 F(b) Exclusion Political Vs Non Political Crime S.105(1) IRPA Suspension Equivalency of Foreign Offences +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

D. Young

Refugee Protection Officer

Fred Hitchcock

Panel Member

Procedural Posture

Refugee Protection Exclusion Pursuant to Article 1 F(b) / Decision Following Exclusion Hearing (panel Reversed Prior Suspension and Proceeded With Exclusion Determination)

Legal Issues

  1. 1 Whether s.105(1) IRPA required suspension pending extradition authority to proceed
  2. 2 Whether claimants committed serious crimes outside country of refuge
  3. 3 Whether those crimes were political or non-political for Article 1F(b) purposes

Ratio Decidendi

The panel found s.105(1) IRPA inapplicable to require suspension, accepted that claimants committed serious criminal acts, and concluded those acts lacked the requisite political purpose-nexus and were disproportionate to any political objective; therefore the claimants are excluded under Article 1F(b) as having committed serious non-political crimes.

Court Disposition

Claimants excluded from refugee protection pursuant to Article 1F(b) of the Refugee Convention

Orders

  • The claims of XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX are excluded pursuant to Article 1F(b); refugee protection is denied on exclusion grounds