MA9-10632

MA9-10632

The panel found that on the evidence before it (US indictment, plea agreement, and admissions by the claimant) there were serious reasons for considering the claimant committed weapons trafficking prior to arrival in Canada; the conduct, if committed in Canada, would attract a maximum penalty of ten years under Criminal Code ss.99 and 103 and thus constitutes a serious non-political crime; therefore Article 1F(b) excludes him from refugee protection and he is not a Convention refugee nor a person in need of protection.

Citation
MA9-10632
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister of Public Safety Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 June 2013
Procedural Posture
Refugee Protection Claim / Hearing and Decision (exclusion Determination Under Article 1 F(b))
Outcome
Refugee protection claim rejected; claimant excluded under Article 1F(b) of the Refugee Convention and not found to be a Convention refugee or a person in need of protection.
Legal Topics
Exclusion (article 1 F(b)), Convention Refugee Determination, Credibility Assessment, Weapons Trafficking, Serious Non Political Crime
Source Language
English
Immigration Law Refugee Law Criminal Law Exclusion (article 1 F(b)) Convention Refugee Determination Credibility Assessment Weapons Trafficking Serious Non Political Crime

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Public Safety Canada

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision (exclusion Determination Under Article 1 F(b))

Legal Issues

  1. 1 Whether there are serious reasons for considering the claimant committed a serious non-political crime (Article 1F(b)) prior to admission to Canada
  2. 2 Whether the claimant is a Convention refugee under section 96 IRPA or a person in need of protection under section 97 IRPA
  3. 3 Whether the claimant's testimony and documentary evidence are credible

Ratio Decidendi

The panel found that on the evidence before it (US indictment, plea agreement, and admissions by the claimant) there were serious reasons for considering the claimant committed weapons trafficking prior to arrival in Canada; the conduct, if committed in Canada, would attract a maximum penalty of ten years under Criminal Code ss.99 and 103 and thus constitutes a serious non-political crime; therefore Article 1F(b) excludes him from refugee protection and he is not a Convention refugee nor a person in need of protection.

Court Disposition

Refugee protection claim rejected; claimant excluded under Article 1F(b) of the Refugee Convention and not found to be a Convention refugee or a person in need of protection.

Orders

  • Claim for refugee protection dismissed; claimant excluded from refugee protection under Article 1F(b) and not eligible under sections 96 or 97 of the IRPA.