TB0-13825

TB0-13825

The claimant is excluded from refugee protection pursuant to Article 1F(b)/s.98 IRPA because documentary evidence of guilty pleas and served sentences for multiple non-political crimes outside the country of refuge provide serious reasons to consider that he committed serious non-political crimes; additionally, the...

Source-derived case information.

Citation
TB0-13825
Parties
Claimant (asylum Seeker): XXXXXXXXXX; Respondent: Minister (Government of Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 February 2012
Procedural Posture
Refugee Protection Claim (rpd) / Decision Following Hearing
Outcome
Claim rejected; claimant excluded from refugee protection under Article 1F(b) and not found to be a Convention refugee or person in need of protection under ss.96–97 IRPA
Legal Topics
Exclusion (art.1 F(b)), Serious Non Political Crimes, Credibility, Identity, Minister's Intervention, Well Founded Fear of Persecution, Risk of Torture or Cruel Treatment (s.97 Irpa), Change of Country Circumstances, Haiti
Source Language
english
Immigration Refugee Law Criminal Law Exclusion (art.1 F(b)) Serious Non Political Crimes Credibility Identity Minister's Intervention +4 more

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Parties

XXXXXXXXXX

Claimant (asylum Seeker)

Minister (Government of Canada)

Respondent

Procedural Posture

Refugee Protection Claim (rpd) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(b) for serious non-political crimes committed prior to admission
  2. 2 Whether claimant meets definition of Convention refugee (s.96 IRPA)
  3. 3 Whether claimant is person in need of protection (s.97 IRPA)

Ratio Decidendi

The claimant is excluded from refugee protection pursuant to Article 1F(b)/s.98 IRPA because documentary evidence of guilty pleas and served sentences for multiple non-political crimes outside the country of refuge provide serious reasons to consider that he committed serious non-political crimes; additionally, the claimant failed to prove identity and credibility and failed to establish a well-founded fear of persecution or a personal risk of torture, death or cruel treatment on return under ss.96–97 IRPA, thus his claim is rejected.

Court Disposition

Claim rejected; claimant excluded from refugee protection under Article 1F(b) and not found to be a Convention refugee or person in need of protection under ss.96–97 IRPA

Orders

  • Claim dismissed; claimant excluded from refugee protection