MB0-00148

MB0-00148

Because the claimant was convicted of conspiracy to distribute 500 grams or more of cocaine — an offence that would attract a maximum sentence of ten years or more in Canada — he meets the definition of a "serious non-political crime" and is therefore excluded from Convention refugee protection under article 1F(b)...

Source-derived case information.

Citation
MB0-00148
Parties
Claimant: XXXXX XXXXX; Panel Member: Me Edward Aronoff; Respondent: Minister of Public Safety; Tribunal Officer: Linda Doutre
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 June 2012
Procedural Posture
Refugee Protection Exclusion Under S.98 of IRPA and Article 1 F(b) of the Refugee Convention / Preliminary Exclusion Determination Prior to Merits Hearing
Outcome
Claimant excluded from consideration as a Convention refugee under article 1F(b) of the Refugee Convention and s.98 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion From Refugee Protection, Serious Non Political Crime, Rehabilitation Relevance, Foreign Criminal Conviction, Minister's Intervention
Source Language
english
Immigration Law Refugee Law Criminal Law Administrative Law Exclusion From Refugee Protection Serious Non Political Crime Rehabilitation Relevance Foreign Criminal Conviction +1 more

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Parties

XXXXX XXXXX

Claimant

Me Edward Aronoff

Panel Member

Minister of Public Safety

Respondent

Linda Doutre

Tribunal Officer

Procedural Posture

Refugee Protection Exclusion Under S.98 of IRPA and Article 1 F(b) of the Refugee Convention / Preliminary Exclusion Determination Prior to Merits Hearing

Legal Issues

  1. 1 Whether the claimant committed a serious non-political crime under article 1F(b) and s.98 of the IRPA
  2. 2 Whether post-conviction rehabilitation is relevant to the exclusion determination

Ratio Decidendi

Because the claimant was convicted of conspiracy to distribute 500 grams or more of cocaine — an offence that would attract a maximum sentence of ten years or more in Canada — he meets the definition of a "serious non-political crime" and is therefore excluded from Convention refugee protection under article 1F(b) and s.98; evidence of rehabilitation is not relevant to that exclusion under existing Canadian law.

Court Disposition

Claimant excluded from consideration as a Convention refugee under article 1F(b) of the Refugee Convention and s.98 of the Immigration and Refugee Protection Act.

Orders

  • Exclusion determination granted; claimant's refugee claim not considered on the merits due to exclusion under article 1F(b) and s.98.