VC2-01735

VC2-01735

The RAD confirmed the RPD: the RPD did not err in applying Article 1F(b) because there are serious reasons to consider the appellant committed serious non-political crimes outside Canada and the RPD was not bound to follow the ID/IAD decisions given different legal issues and factual findings.

Citation
VC2-01735
Parties
Appellant: XXXX XXXX; Respondent/minister: Minister of Immigration, Refugees and Citizenship; Panel Member: Mokhtar Lamani; Designated Representative: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 August 2022
Procedural Posture
Refugee Protection Appeal (exclusion Under Article 1 F(b)) / Final Decision by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed; appellant excluded under Article 1F(b) and not a Convention refugee or person in need of protection
Legal Topics
Exclusion Under Article 1 F(b), Judicial Comity, Inadmissibility Under Paragraph 37(1)(a) IRPA, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion Under Article 1 F(b) Judicial Comity Inadmissibility Under Paragraph 37(1)(a) IRPA Standard of Review

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Parties

XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship

Respondent/minister

Mokhtar Lamani

Panel Member

N/A

Designated Representative

Procedural Posture

Refugee Protection Appeal (exclusion Under Article 1 F(b)) / Final Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in applying Article 1F(b) to exclude the appellant
  2. 2 Whether the RPD violated the principle of judicial comity by failing to follow IAD/ID decisions
  3. 3 Whether the appellant committed serious non-political crimes outside Canada

Ratio Decidendi

The RAD confirmed the RPD: the RPD did not err in applying Article 1F(b) because there are serious reasons to consider the appellant committed serious non-political crimes outside Canada and the RPD was not bound to follow the ID/IAD decisions given different legal issues and factual findings.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellant excluded under Article 1F(b) and not a Convention refugee or person in need of protection

Orders

  • Appeal dismissed
  • Refugee Protection Division decision of February 9, 2022 confirmed