Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of Immigration and Refugee Protection Division’s (RPD) decision denying refugee status to applicant pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 98 —Applicant charged with murder in United States where, if convicted, liable to death penalty—Purpose of s. 98 exclusion not to remove applicant from Canada—Purpose to exclude him from refugee protection—Applicant can seek protection under Act, s. 112 (pre-removal risk assessment)—Arguments regarding constitutionality of s. 98 premature—Before exercising discretion pursuant to s. 112, Minister must be satisfied applicant’s removal to United States not contrary to values in which Canada believes, can require assurances from United States to protect applicant from death penalty—Application dismissed.
Shephard v. Canada (Minister of Citizenship and Immigration) (IMM-2098-07, 2008 FC 379, Lagacé D.J., judgment dated March 26, 2008, 22 pp.)