CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of decision by Immigration and Refugee Board applicant neither Convention refugee nor person in need of protection, excluded from protection under United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(b)—Applicant citizen of Sri Lanka—Pleaded guilty to drug charges in New York state, sentenced to 29 days in jail, five years’ probation—As accepted voluntary departure order one month after completing jail term, applicant not completing sentence (probation) in United States—Whether Art. 1F(b) inapplicable to persons serving sentence abroad before coming to Canada—Chan v. Canada (Minister of Citizenship and Immigration), [2000] 4 F.C. 390 (C.A.) distinguished—Even if applicant deemed to have constructively served sentence, Board still correct to have excluded him under Art. 1F(b)—Application dismissed—Questions certified.
Jayasekara v. Canada (Minister of Citizenship and Immigration) (IMM-1603-07, 2008 FC 238, Strayer D.J., judgment dated 21/2/08, 14 pp.)