Luis Alberto Hernandez Febles v. Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)


Immigration - Securities, Convention refugees.


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Canadian Charter of Rights and Freedoms - Security of person - Immigration - Convention refugee - Exclusion - Standard of judicial review applicable to interpretation of United Nations Convention Relating to the Status of Refugees - Convention not applicable to refugee claimants believed to have committed serious non-political crime prior to admission to Canada - Appellant twice convicted in U.S. of assault with deadly weapon but having served sentences in U.S. prior to seeking refugee status in Canada - What is proper scope of Article 1F(b) of Convention - Whether post-conviction factors such as rehabilitation may be considered in determining admissibility as Convention refugee - Canadian Charter of Rights and Freedoms, s. 7 - Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 98.

Mr. Febles is a Cuban citizen who was granted refugee status in the United States due to his fear of persecution as a political dissident. While in the U.S., he was twice convicted of assault with a deadly weapon. As a result of those convictions, he was subject to removal from the U.S. after having served his sentences. Shortly after his release from prison, Mr. Febles entered Canada illegally and claimed refugee status.

Before the Refugee Protection Division of the Immigration and Refugee Board (the Board), Mr. Febles argued that he had served his sentences, posed no danger to Canadian society and was now rehabilitated. The Board dismissed his claim for refugee status. It held that it was bound by the legislation (s. 98 of the Immigration and Refugee Protection Act and Article 1F(b) of the United Nations Convention relating to the Status of Refugees) and jurisprudence according to which a person who has been convicted of a serious non-political crime prior to his or her admission to Canada is excluded from refugee protection.

Mr. Febles filed an application for judicial review.