TB1-10661

TB1-10661

The claimant is excluded under s.98 IRPA and Article 1F(b) because the Croatian court findings and documentary evidence provide serious reasons to believe he committed narcotics offences that, on the facts found, meet the Canadian definition of trafficking (Schedule I) and could attract penalties up to life...

Source-derived case information.

Citation
TB1-10661
Parties
Claimant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration; Member: Barry D. Barnes
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 May 2014
Procedural Posture
Refugee Protection Claim With Minister Intervention on Exclusion / Hearing and Final Decision (rpd Decision Dated May 9, 2014)
Outcome
Claimant excluded from refugee protection pursuant to section 98 of the Immigration and Refugee Protection Act and Article 1F(b) of the Refugee Convention
Legal Topics
Exclusion Under Article 1 F(b), Serious Non‑political Crime, Equivalency of Foreign Offence to Canadian Law, Credibility and Non‑disclosure, Mitigating and Aggravating Circumstances
Source Language
english
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion Under Article 1 F(b) Serious Non‑political Crime Equivalency of Foreign Offence to Canadian Law Credibility and Non‑disclosure +1 more

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Barry D. Barnes

Member

Procedural Posture

Refugee Protection Claim With Minister Intervention on Exclusion / Hearing and Final Decision (rpd Decision Dated May 9, 2014)

Legal Issues

  1. 1 Whether there are serious reasons to believe the claimant committed a serious non‑political crime outside the country of refuge
  2. 2 Whether the Croatian convictions equate to a Canadian trafficking offence for purposes of Article 1F(b)/s.98 IRPA
  3. 3 Whether alleged police coercion/persecution or other mitigating factors negate exclusion

Ratio Decidendi

The claimant is excluded under s.98 IRPA and Article 1F(b) because the Croatian court findings and documentary evidence provide serious reasons to believe he committed narcotics offences that, on the facts found, meet the Canadian definition of trafficking (Schedule I) and could attract penalties up to life imprisonment; mitigating assertions (single blow by police, alleged targeting, rehabilitation) were either not persuasive or already considered by Croatian courts, while aggravating factors (two convictions, failure to disclose convictions on entry/PIF) support exclusion.

Court Disposition

Claimant excluded from refugee protection pursuant to section 98 of the Immigration and Refugee Protection Act and Article 1F(b) of the Refugee Convention

Orders

  • Claimant excluded from refugee protection (RPD decision dated May 9, 2014)