| Citation: |
Arevalo Pineda v. Canada (Citizenship and Immigration), 2010 FC 454, [2010] 3 F.C.R. D-2 |
IMM-5000-09 |
Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review of Refugee Protection Division of Immigration and Refugee Board’s (RPD) conclusion applicant excluded from claiming refugee status pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 98, United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(b)—RPD having reasons to consider applicant committed serious non-political crime outside Canada prior to refugee status claim—However, charges upon which Minister seeking exclusion dismissed after victim recanted allegations—In proper context, RPD can rely upon indictment, arrest warrant for finding reasonable grounds of commission of serious crime outside Canada—Where rule of law prevailing, RPD can reasonably infer existence of reasonable, probable grounds for police, judicial investigative system in issuing warrant, laying charges—RPD must first be satisfied that issuing authority in foreign country respecting rule of law, not known for filing false charges for harassment, intimidation—Value of charges in such country greatly diminished after dismissal—Dismissal of charges herein prima facie evidence that crimes not committed—Minister must bring credible evidence of crime’s commission or show that in circumstances, dismissal not affecting charge’s foundation—RPD not careful in treating charges, dealing thoroughly with retraction—Charges not constituting credible, trustworthy evidence upon which RPD could base decision unless satisfied that victim’s recantation not credible—Application allowed.
Arevalo Pineda v. Canada (Citizenship and Immigration) (IMM-5000-09, 2010 FC 454, Gauthier J., judgment dated April 26, 2010, 14 pp.)