VA8-05557

The claimant admitted importing cocaine into the Netherlands, was tried and convicted there, served a sentence and offered no corroboration for his duress claim; under the ‘serious reasons for considering’ standard this conduct constitutes a serious non-political crime and thus exclusion under Article 1F(b) and section 98 of the Act applies, so the refugee claim is rejected.

Citation: VA8-05557
Parties: Claimant: XXXXXXXXXXXXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 19 May 2010
Procedural Posture: Refugee Protection / Decision (exclusion Under Article 1 F(b))
Outcome: Claim rejected; claimant excluded under Article 1F(b) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act.
Legal Topics: Exclusion, Article 1 F(b), Drug Trafficking, Serious Non Political Crime, Burden of Proof
Source Language: English

Immigration Refugee Law Criminal Law Exclusion Article 1 F(b) Drug Trafficking Serious Non Political Crime Burden of Proof

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Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

XXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision (exclusion Under Article 1 F(b))

Legal Issues

1 Whether claimant committed a serious non-political crime outside the country of refuge prior to admission
2 Whether Article 1F(b) exclusion applies
3 Whether claimed duress rebuts the exclusion

Ratio Decidendi

Court Disposition

Claim rejected; claimant excluded under Article 1F(b) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act.

Orders

Claim rejected and claimant excluded under Article 1F(b) and section 98 of the Immigration and Refugee Protection Act.
No determination made on the inclusion/merits of the refugee claim due to exclusion