TB0-03160

TB0-03160

Given the claimant's admitted charges, convictions for failure to report international transportation of currency and structuring deposits involving very large sums, the equivalence of the conduct to Canadian money‑laundering offences carrying maximum terms of at least ten years, the fair mode of prosecution in the U.S., the claimant's inconsistent explanations and concealment, and absence of mitigating factors, there are serious reasons for considering he committed a serious non‑political crime; accordingly he is excluded under Article 1F(b) and his refugee claim is rejected.

Citation
TB0-03160
Parties
Claimant: XXXXXXXX XXXXXX XXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 December 2010
Procedural Posture
Refugee Protection Claim Exclusion Under Article 1 F(b) / Decision (reasons and Decision)
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention (IRPA s.98); claim rejected.
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Money Laundering, Structuring Currency Transactions, Equation of Foreign Offence to Canadian Law
Source Language
English
Immigration Refugee Law Criminal Law Extradition/removal Issues Article 1 F(b) Exclusion Serious Non Political Crime Money Laundering Structuring Currency Transactions +1 more

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Parties

XXXXXXXX XXXXXX XXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Exclusion Under Article 1 F(b) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed a serious non-political crime prior to coming to Canada under Article 1F(b)
  2. 2 Whether the foreign offences and conduct equate to Canadian offences carrying a maximum of at least ten years' imprisonment
  3. 3 Whether mitigting factors (service of sentence, rehabilitation, cooperation) negate exclusion

Ratio Decidendi

Given the claimant's admitted charges, convictions for failure to report international transportation of currency and structuring deposits involving very large sums, the equivalence of the conduct to Canadian money‑laundering offences carrying maximum terms of at least ten years, the fair mode of prosecution in the U.S., the claimant's inconsistent explanations and concealment, and absence of mitigating factors, there are serious reasons for considering he committed a serious non‑political crime; accordingly he is excluded under Article 1F(b) and his refugee claim is rejected.

Court Disposition

Claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention (IRPA s.98); claim rejected.

Orders

  • Claimant excluded from refugee protection under Article 1F(b); refugee claim rejected.