TA1-03232

TA1-03232

The claimant was excluded under Article 1F(b) because the Minister established a prima facie case that the claimant committed the serious non-political crime of accepting a bribe (offence carrying up to 12 years), the claimant failed to rebut that case and was found not credible; accordingly the claimant is not a Convention refugee and not a person in need of protection and the claim is rejected pursuant to s.107(2) of the Act.

Citation
TA1-03232
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: D. Crawford; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 March 2006
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (referral to Refugee Protection Division; Decision Rendered)
Outcome
Claim rejected; claimant excluded under Article 1F(b) of the 1951 Refugee Convention; not a Convention refugee; not a person in need of protection.
Legal Topics
Exclusion, Article 1 F(b), Serious Non Political Crime, Credibility Assessment, Persecution Vs Prosecution, Nexus to Convention Ground, Risk of Torture and Protection
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law International Law Exclusion Article 1 F(b) Serious Non Political Crime +4 more

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Parties

XXXXX XXXXX

Claimant

D. Crawford

Refugee Protection Officer

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (referral to Refugee Protection Division; Decision Rendered)

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(b) for a serious non-political crime
  2. 2 Whether claimant is a Convention refugee
  3. 3 Whether claimant is a person in need of protection (risk to life, cruel and unusual treatment or torture)

Ratio Decidendi

The claimant was excluded under Article 1F(b) because the Minister established a prima facie case that the claimant committed the serious non-political crime of accepting a bribe (offence carrying up to 12 years), the claimant failed to rebut that case and was found not credible; accordingly the claimant is not a Convention refugee and not a person in need of protection and the claim is rejected pursuant to s.107(2) of the Act.

Court Disposition

Claim rejected; claimant excluded under Article 1F(b) of the 1951 Refugee Convention; not a Convention refugee; not a person in need of protection.

Orders

  • Claim rejected pursuant to s.107(2) of the Immigration and Refugee Protection Act; exclusion under Article 1F(b) upheld