Betancour v. Canada (Minister of Citizenship and Immigration), 2009 FC 767

JudgeRussell, J.
CourtFederal Court (Canada)
Case DateJune 10, 2009
JurisdictionCanada (Federal)
Citations2009 FC 767;(2009), 348 F.T.R. 121 (FC)

Betancour v. Can. (M.C.I.) (2009), 348 F.T.R. 121 (FC)

MLB headnote and full text

Temp. Cite: [2009] F.T.R. TBEd. AU.007

Fabio Solis Betancour (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-4901-08; 2009 FC 767)

Indexed As: Betancour v. Canada (Minister of Citizenship and Immigration)

Federal Court

Russell, J.

July 27, 2009.

Summary:

Betancour applied to be deemed a Convention refugee or person in need of protection under ss. 96 and 97 of the Immigration and Refugee Protection Act. The Refugee Division of the Immigration and Refugee Board refused the application. Betancour applied for judicial review.

The Federal Court dismissed the application.

Aliens - Topic 1330.3

Admission - Refugee protection, Convention refugees and persons in need of protection - Disqualifications - Serious non-political crime - Betancour applied to be deemed a Convention refugee or person in need of protection under ss. 96 and 97 of the Immigration and Refugee Protection Act - The Refugee Division of the Immigration and Refugee Board found that there were serious reasons to consider that Betancour, prior to his arrival in Canada, had committed the serious non-political offence of trafficking in narcotics - The Board relied on evidence of an outstanding warrant in the United States for trafficking in cocaine and on Betancour's testimony that he had handled cocaine, but only in looking after it for his boss - Betancour testified that the warrant was based on a fingerprint and that he had never trafficked in narcotics - The Board held that Betancour was excluded under Article 1F(b) of the Convention and s. 98 of the Act and refused his application - Betancour applied for judicial review, submitting that the Board's finding was unreasonable and that the Board had not held the Minister to the same evidentiary standards that were applied to Betancour - The Board had acknowledged a "lack of concrete evidence and specific information" - Betancour submitted that the Minister should have provided further evidence that Betancour was the person referred to in the outstanding warrant - The Federal Court dismissed Betancour's application - While it was possible to cast doubts on the evidence and a decision the other way would not have been unreasonable, the impugned decision did not fall outside of "the range of possible acceptable outcomes" - Further, the finding that the Minister had provided sufficient evidence was not unreasonable - The Minister's credibility was not at issue - The burden on the Minister could not be equated to the evidentiary burden on an applicant in a refugee claim - See paragraphs 46 to 59.

Aliens - Topic 1331

Admission - Refugee protection, Convention refugees and persons in need of protection - Evidence - [See Aliens - Topic 1330.3 ].

Cases Noticed:

Jayasekara v. Canada (Minister of Citizenship and Immigration) (2008), 384 N.R. 293; 2008 FCA 404, refd to. [para. 25].

New Brunswick (Board of Management) v. Dunsmuir (2008), 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 26].

Lai v. Canada (Minister of Citizenship and Immigration) (2005), 332 N.R. 344 (F.C.A.), refd to. [para. 30].

Zrig v. Canada (Ministre de la Citoyenneté et de l'Immigration), [2003] 3 F.C. 761; 307 N.R. 201 (F.C.A.), refd to. [para. 30].

Xie v. Canada (Minister of Citizenship and Immigration) (2004), 325 N.R. 255; 2004 FCA 250, refd to. [para. 40].

Qazi v. Canada (Minister of Citizenship and Immigration), [2005] F.T.R. Uned. 726; 2005 FC 1204, refd to. [para. 41].

Murillo v. Canada (Minister of Citizenship and Immigration) (2008), 333 F.T.R. 149; 2008 FC 966, refd to. [para. 43].

Counsel:

D. Blake Hobson, for the applicant;

Edward Burnet, for the respondent.

Solicitors of Record:

Hobson and Company, Surrey, British Columbia, for the applicant

John H. Sims, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard at Vancouver, British Columbia, on June 10, 2009, by Russell, J., of the Federal Court, who delivered the following reasons for judgment on July 27, 2009.

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5 practice notes
  • Table of Cases
    • Canada
    • Irwin Books Exclusion and Refoulement. Criminality in International and Domestic Refugee Law
    • September 12, 2023
    ...Betancour v Canada (Citizenship and Immigration), 2009 FC 767 ..................477 Betoukoumesou v Canada (Citizenship and Immigration), 2014 FC 591 .....................................................................................414, 729 Bitaraf v Canada (Minister of Citizenship and......
  • Exclusion - 1F(b) and 1F(c)
    • Canada
    • Irwin Books Exclusion and Refoulement. Criminality in International and Domestic Refugee Law
    • September 12, 2023
    ..., above note 142; Chawah v Canada (Citizenship and Immigration) , 2009 FC 324; Betancour v Canada (Citizenship and Immigration) , 2009 FC 767; Roberts v Canada (Citizenship and Immigration) , 2011 FC 632; Rojas Camacho v Canada (Citizenship and Immigration) , 2011 FC 789 [ Rojas Camacho ]; ......
  • Vasquez v. Canada (Minister of Citizenship and Immigration), (2014) 461 F.T.R. 105 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • July 14, 2014
    ...219 N.R. 376 ; 42 Imm. L.R.(2d) 192 (F.C.A.), refd to. [para. 53]. Betancour v. Canada (Minister of Citizenship and Immigration) (2009), 348 F.T.R. 121; 2009 FC 767 , refd to. [para. 53]. Saha v. Canada (Minister of Citizenship and Immigration), [2003] F.T.R. Uned. 521 (F.C.), refd to.......
  • Canada (Minister of Citizenship and Immigration) v. Ammar, [2011] F.T.R. Uned. 665 (FC)
    • Canada
    • Federal Court (Canada)
    • September 23, 2011
    ...for considering" requirement. In this regard, the Minister relies on Betancour v. Canada (Minister of Citizenship and Immigration), 2009 FC 767 at paragraphs 20, 21 and 52. [17] Moreover, the Minister notes that the accused was committed to trial following a preliminary inquiry in the Unite......
  • Request a trial to view additional results
3 cases
  • Vasquez v. Canada (Minister of Citizenship and Immigration), (2014) 461 F.T.R. 105 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • July 14, 2014
    ...219 N.R. 376 ; 42 Imm. L.R.(2d) 192 (F.C.A.), refd to. [para. 53]. Betancour v. Canada (Minister of Citizenship and Immigration) (2009), 348 F.T.R. 121; 2009 FC 767 , refd to. [para. 53]. Saha v. Canada (Minister of Citizenship and Immigration), [2003] F.T.R. Uned. 521 (F.C.), refd to.......
  • Canada (Minister of Citizenship and Immigration) v. Ammar, [2011] F.T.R. Uned. 665 (FC)
    • Canada
    • Federal Court (Canada)
    • September 23, 2011
    ...for considering" requirement. In this regard, the Minister relies on Betancour v. Canada (Minister of Citizenship and Immigration), 2009 FC 767 at paragraphs 20, 21 and 52. [17] Moreover, the Minister notes that the accused was committed to trial following a preliminary inquiry in the Unite......
  • Hassan v. Canada (Citizenship and Immigration), 2022 FC 771
    • Canada
    • Federal Court (Canada)
    • May 27, 2022
    ...relevant occurrence reports. [29] The respondent also submitted at the hearing that in Betancour v Canada (Citizenship and Immigration), 2009 FC 767, at paras 47-52, the Court found that a warrant for arrest in the United States was sufficient to support a finding of “serious reasons......
2 books & journal articles
  • Table of Cases
    • Canada
    • Irwin Books Exclusion and Refoulement. Criminality in International and Domestic Refugee Law
    • September 12, 2023
    ...Betancour v Canada (Citizenship and Immigration), 2009 FC 767 ..................477 Betoukoumesou v Canada (Citizenship and Immigration), 2014 FC 591 .....................................................................................414, 729 Bitaraf v Canada (Minister of Citizenship and......
  • Exclusion - 1F(b) and 1F(c)
    • Canada
    • Irwin Books Exclusion and Refoulement. Criminality in International and Domestic Refugee Law
    • September 12, 2023
    ..., above note 142; Chawah v Canada (Citizenship and Immigration) , 2009 FC 324; Betancour v Canada (Citizenship and Immigration) , 2009 FC 767; Roberts v Canada (Citizenship and Immigration) , 2011 FC 632; Rojas Camacho v Canada (Citizenship and Immigration) , 2011 FC 789 [ Rojas Camacho ]; ......

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