TC2-31653

TC2-31653

The appeal is dismissed because there are serious reasons for considering the Appellant committed the serious non-political crime of trafficking in persons in Uganda based on credible and compelling evidence (Uganda Police and DPP letters and supporting material), and that finding of a single serious non-political crime excludes him under Article 1F(b) of the Refugee Convention and s.98 IRPA despite withdrawal of charges by prosecution.

Citation
TC2-31653
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent: Minister; Decision Maker: Refugee Appeal Division / T. Acton
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 April 2023
Procedural Posture
Refugee Protection Appeal (exclusion Under Article 1 F(b) / S.98 Irpa) / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD determination confirmed; Appellant excluded from protection under Article 1F(b) and s.98 IRPA and is not a Convention refugee or person in need of protection.
Legal Topics
Exclusion Article 1 F(b), Trafficking in Persons, Credibility Assessment, Standard of Proof (serious Reasons for Considering), Withdrawn/ Dismissed Charges, Evidence Admissibility and Weight
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Article 1 F(b) Trafficking in Persons Credibility Assessment Standard of Proof (serious Reasons for Considering) +2 more

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Refugee Appeal Division / T. Acton

Decision Maker

Procedural Posture

Refugee Protection Appeal (exclusion Under Article 1 F(b) / S.98 Irpa) / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the Appellant is excluded from protection under Article 1F(b) of the Refugee Convention and s.98 IRPA
  2. 2 Whether there are serious reasons for considering the Appellant committed trafficking in persons (Criminal Code s.279.01) in Uganda
  3. 3 Whether withdrawn prosecution in Uganda is determinative or undermines exclusion findings

Ratio Decidendi

The appeal is dismissed because there are serious reasons for considering the Appellant committed the serious non-political crime of trafficking in persons in Uganda based on credible and compelling evidence (Uganda Police and DPP letters and supporting material), and that finding of a single serious non-political crime excludes him under Article 1F(b) of the Refugee Convention and s.98 IRPA despite withdrawal of charges by prosecution.

Court Disposition

Appeal dismissed; RPD determination confirmed; Appellant excluded from protection under Article 1F(b) and s.98 IRPA and is not a Convention refugee or person in need of protection.

Orders

  • Appeal dismissed and RPD decision confirmed; no protection granted to Appellant