VA9-01380

VA9-01380

Panel found there are serious reasons to consider the claimant committed assault causing bodily harm in the US; that offence meets the Chan threshold (maximum sentence available in Canada of ten years) and therefore the claimant is excluded from refugee protection under Article 1F(b) and s.98 of the IRPA.

Citation
VA9-01380
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 May 2010
Procedural Posture
Refugee Protection Claim Exclusion (article 1 F(b)) / Hearing and Decision
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention and s.98 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion Under Article 1 F(b), Serious Non Political Crime, Criminal Equivalence, Domestic Violence, Drug Offences
Source Language
English
Immigration Law Refugee Law Criminal Law Exclusion Under Article 1 F(b) Serious Non Political Crime Criminal Equivalence Domestic Violence Drug Offences

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Exclusion (article 1 F(b)) / Hearing and Decision

Legal Issues

  1. 1 Whether there are serious reasons to consider the claimant committed a serious non-political crime before admission to Canada
  2. 2 Whether the assault causing bodily harm conviction meets the Chan test for a serious non-political crime
  3. 3 Whether the alleged drug offences established serious non-political crime in light of criminal equivalence

Ratio Decidendi

Panel found there are serious reasons to consider the claimant committed assault causing bodily harm in the US; that offence meets the Chan threshold (maximum sentence available in Canada of ten years) and therefore the claimant is excluded from refugee protection under Article 1F(b) and s.98 of the IRPA.

Court Disposition

Claimant excluded from refugee protection under Article 1F(b) of the Refugee Convention and s.98 of the Immigration and Refugee Protection Act.

Orders

  • Claimant is excluded from refugee protection under Article 1F(b) and s.98 of IRPA.
  • Claimant advised of right to apply for judicial review to the Federal Court under s.72 of the Immigration and Refugee Protection Act.