[2011] 4 F.C.R. D-5
Citizenship and Immigration
Exclusion and Removal
Removal of Refugees
Judicial review of Minister’s delegate’s determination that applicant constituting danger to Canadian public under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 115(2)(a)—Applicant recognized as Convention refugee in 1991, becoming permanent resident following year—Subsequently subject of inadmissibility reports after convicted of numerous criminal offences—Respondent not erring in law by failing to properly consider applicant’s status as Convention refugee—Applicant relying on Gavrila v. Canada (Justice), 2010 SCC 57, [2010] 3 S.C.R. 342; Németh v. Canada (Justice), 2010 SCC 56, [2010] 3 S.C.R. 281, two recent Supreme Court of Canada decisions regarding extradition of Convention refugees, to argue that since found to be refugee in accordance with Canadian law, beneficiary of prima facie entitlement to protection from refoulement—Decision at issue clearly showing respondent appreciating importance of applicant’s Convention refugee status, cognizant that applicant could only be returned to Lebanon if falling into non-refoulement exception carved out by Act, s. 115(2)(a)—Act, s. 115(2)(a) part of very particular statutory regime; structure of s. 115 requiring respondent to start from premise that applicant either Convention refugee or protected person—Németh; Gavrila arising out of different factual context from present case—S. 115(2)(a) not rescinding subject’s protected status but expressly allowing for derogation from principle of non-refoulement—Once applicant found to be danger to public, onus thereon to establish would be at risk if returned to country of origin—Neither Németh; Gavrila can be taken to reverse onus of showing risk on danger opinion under Act, s. 115(2)(a)—Application dismissed.
Alkhalil v. Canada (Citizenship and Immigration) (IMM-6803-10, 2011 FC 976, Near J., judgment dated August 4, 2011, 24 pp.)