Goyal v. Canada ( Minister of Citizenship and Immigration )
IMM-1798-95
McKeown J.
8/5/96
9 pp.
Application for judicial review of Convention Refugee Determination Division's decision applicant not refugee-Reasonable possibility of persecution if applicant returned to India-Applicant excluded from refugee status by operation of Convention, Art. 1F(c)-Applicant convicted of possession for purposes of trafficking-Suspended sentence and $1,000 fine-Applicant arguing Board should consider seriousness of offence in deciding whether applicant "guilty of acts contrary to the purposes and principles of the United Nations" within meaning of Art. 1F(c)-On authority of Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1996] 2 F.C. 49 (C.A.) there may be exceptions to application of exclusionary clause in Art. 1F(c) where applicant "minor offender" under Narcotic Control Act-Board erred in considering did not have discretion to consider seriousness of conviction under trafficking provisions of Narcotic Control Act-Important to look at potential sentence but also actual sentence imposed-Application allowed-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(c)-Narcotic Control Act, R.S.C., 1985, c. N-1.