Malouf v. Canada ( Minister of Citizenship and Immigration )
A-19-95
Hugessen J.A.
9/11/95
2 pp.
Appeal from Trial Judge's decision allowing application for judicial review-Trial Judge certified three questions, however, only one considered: Where CRDD considering exclusion under Convention, Art. 1F(b), is it required to consider wellfoundedness of Convention refugee claim and then, in affirmative, to balance seriousness of non-political crime considered to have been committed by claimant against persecution feared by claimant?-Trial Judge's affirmative answer to question constituted one of reasons for allowing application for judicial review-Appeal dismissed but certified question answered in negative-Established in FCA case law Art. 1F(b) not requiring CRDD to balance seriousness of applicant's conduct against alleged fear of persecution: Gonzalez v. Canada (Minister of Employment & Immigration) (1994), 24 Imm. L.R. (2d) 229 (F.C.A.); Arica v. Minister of Employment and Immigration (1995), 182 N.R. 392 (F.C.A.)-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(b).