TC1-13741

TC1-13741

The RAD found on the evidence that the Appellant knowingly transported illegal drugs for the CJNG for approximately three months, had valid travel documents and opportunities to leave earlier, thus did not meet the legal test for duress; given the likely mode of prosecution and penalty (indictable offence with up to ten years' imprisonment) and significant aggravating factors, there are serious reasons for considering he committed a serious non-political crime and he is therefore excluded under Article 1F(b).

Citation
TC1-13741
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Canada Border Services Agency)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 December 2022
Procedural Posture
Refugee Appeal Division Review of RPD Exclusion Under Article 1 F(b) of the Refugee Convention / Final RAD Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed; Appellant excluded under Article 1F(b) of the Convention
Legal Topics
Article 1 F(b) Exclusion, Serious Non Political Crime, Duress Defence, Drug Trafficking, Standard of Proof: Serious Reasons for Considering
Source Language
English
Immigration Law Refugee Law Criminal Law International Law Article 1 F(b) Exclusion Serious Non Political Crime Duress Defence Drug Trafficking +1 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada Border Services Agency)

Respondent

Procedural Posture

Refugee Appeal Division Review of RPD Exclusion Under Article 1 F(b) of the Refugee Convention / Final RAD Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether there are serious reasons for considering the Appellant committed a serious non-political crime outside the country of refuge prior to admission
  2. 2 Whether the Appellant's conduct in transporting drugs for CJNG constitutes a serious non-political crime
  3. 3 Whether the defence of duress applies and negates exclusion

Ratio Decidendi

The RAD found on the evidence that the Appellant knowingly transported illegal drugs for the CJNG for approximately three months, had valid travel documents and opportunities to leave earlier, thus did not meet the legal test for duress; given the likely mode of prosecution and penalty (indictable offence with up to ten years' imprisonment) and significant aggravating factors, there are serious reasons for considering he committed a serious non-political crime and he is therefore excluded under Article 1F(b).

Court Disposition

Appeal dismissed; RPD decision confirmed; Appellant excluded under Article 1F(b) of the Convention

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed