VA8-00374

VA8-00374

The panel found there are serious reasons to consider the claimant committed conspiracy to traffic in cocaine in 1982 and, because evidence of rehabilitation post-conviction is extraneous to the facts underlying the conviction and does not negate the existence of serious reasons, the claimant is excluded from refugee protection under Article 1F(b); Article 1E did not apply because the claimant lacked fundamental rights of US nationality.

Citation
VA8-00374
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 August 2009
Procedural Posture
Refugee Protection Claim Exclusion Hearing / Decision
Outcome
Claim rejected; claimant excluded from refugee protection under Article 1F(b) of the Schedule to the Act and section 98 of the Act; alternatively, refugee claim denied for lack of well-founded fear.
Legal Topics
Exclusion Clauses, Article 1 E, Article 1 F(b), Serious Non Political Crime, Rehabilitation, Protection Elsewhere, Well Founded Fear, Deportation, Inadmissibility
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Clauses Article 1 E Article 1 F(b) Serious Non Political Crime +5 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Exclusion Hearing / Decision

Legal Issues

  1. 1 Whether claimant is excluded from refugee protection under Article 1E of the Schedule to the Act
  2. 2 Whether claimant is excluded from refugee protection under Article 1F(b) of the Schedule to the Act due to a serious non-political crime committed prior to entry to Canada
  3. 3 Whether claimant has a well-founded fear of persecution or faces risk to life/cruel and unusual treatment/torture if returned to Cuba

Ratio Decidendi

The panel found there are serious reasons to consider the claimant committed conspiracy to traffic in cocaine in 1982 and, because evidence of rehabilitation post-conviction is extraneous to the facts underlying the conviction and does not negate the existence of serious reasons, the claimant is excluded from refugee protection under Article 1F(b); Article 1E did not apply because the claimant lacked fundamental rights of US nationality.

Court Disposition

Claim rejected; claimant excluded from refugee protection under Article 1F(b) of the Schedule to the Act and section 98 of the Act; alternatively, refugee claim denied for lack of well-founded fear.

Orders

  • Claimant excluded from refugee protection pursuant to Article 1F(b) of the Schedule to the Immigration and Refugee Protection Act and section 98 of the Act.
  • Refugee claim rejected.