TB1-15863

TB1-15863

The Board found the Minister established "serious reasons for considering" the claimant committed serious non-political crimes (forgery/fraud/drawing documents without authority) prior to arrival, meeting the exclusion threshold under Article 1F(b)/section 98 IRPA; alternatively, the claimant failed to prove a serious possibility of persecution or risk of torture due to credibility issues, implausibilities, delay and reavailment, so protection was denied.

Citation
TB1-15863
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada); Decision Maker: John Kivlichan
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 December 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision (reasons and Decision)
Outcome
Claim dismissed; claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention and not found to be a person in need of protection.
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Forgery and Fraud, Duress Defence, Credibility and Delay (reavailment), Risk of Torture and Persecution
Source Language
English
Immigration Law Refugee Law Criminal Law Human Rights Article 1 F(b) Exclusion Serious Non Political Crime Forgery and Fraud Duress Defence +2 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

John Kivlichan

Decision Maker

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed a serious non-political crime (Article 1F(b))
  2. 2 Whether the claimant faces a serious possibility of persecution on a Convention ground
  3. 3 Whether the claimant faces a risk of torture or risk to life or cruel and unusual treatment if returned

Ratio Decidendi

The Board found the Minister established "serious reasons for considering" the claimant committed serious non-political crimes (forgery/fraud/drawing documents without authority) prior to arrival, meeting the exclusion threshold under Article 1F(b)/section 98 IRPA; alternatively, the claimant failed to prove a serious possibility of persecution or risk of torture due to credibility issues, implausibilities, delay and reavailment, so protection was denied.

Court Disposition

Claim dismissed; claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention and not found to be a person in need of protection.

Orders

  • Claim dismissed and exclusion under section 98 IRPA (Article 1F(b))
  • No protection granted (not a Convention refugee and not a person in need of protection)