TA8-23625

TA8-23625

The claimant was convicted in the USA of conspiracy to distribute cocaine, pleaded guilty and received a 24-month sentence; the offence corresponds to an offence that in Canada attracts a maximum penalty meeting the ten-year seriousness threshold and no persuasive evidence was produced to rebut seriousness or show the conviction/prosecution was unfair, therefore the claimant is excluded under Article 1F(b) and, independently, credibility defects mean he fails to establish refugee status.

Citation
TA8-23625
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 June 2009
Procedural Posture
Refugee Protection / Hearing and Decision
Outcome
Claimants excluded from refugee protection and claims rejected
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crimes, Credibility Findings, Inclusion as Convention Refugee, Probation Breach
Source Language
English
Immigration Law Refugee Law Criminal Law Extradition/deportation Article 1 F(b) Exclusion Serious Non Political Crimes Credibility Findings Inclusion as Convention Refugee +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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is excluded from refugee protection under Article 1F(b) for committing a serious non-political crime outside Canada prior to admission
  2. 2 Whether the claimant is credible and has an objectively well-founded fear of persecution to qualify as a Convention refugee
  3. 3 Whether the foreign conviction and sentence meet the Canadian seriousness threshold for exclusion

Ratio Decidendi

The claimant was convicted in the USA of conspiracy to distribute cocaine, pleaded guilty and received a 24-month sentence; the offence corresponds to an offence that in Canada attracts a maximum penalty meeting the ten-year seriousness threshold and no persuasive evidence was produced to rebut seriousness or show the conviction/prosecution was unfair, therefore the claimant is excluded under Article 1F(b) and, independently, credibility defects mean he fails to establish refugee status.

Court Disposition

Claimants excluded from refugee protection and claims rejected

Orders

  • Refugee Protection Division excludes XXXXX XXXXX XXXXX XXXXX for refugee protection under Article 1F(b) of the Refugee Convention
  • Claims of XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX are rejected