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Safi v. Canada ( Minister of Citizenship and Immigration )

IMM-6237-93

Richard J.

18/11/94

8 pp.

Application for judicial review of CRDD decision applicant not Convention refugee as excluded under United Nations Convention Relating to Status of Refugees, Art. 1F(c) -- Applicant citizen of Afghanistan -- Pleaded guilty in Britain to charge of importing heroin and sentenced to six years' imprisonment -- Whether panel erred in law in deciding to exclude applicant pursuant to Art. 1F(c) without considering whether applicant's degree of participation in alleged act justified applying said section-Panel considered all evidence, including several international documents and applicant's conviction by British court -- Words "serious reasons for considering" in Convention, Art. 1F had effect of creating lower standard of evidence than balance of probabilities -- No doubt applicant guilty of act alleged -- Review of exhibits considered by panel indicated United Nations has declared international drug traffic crime against peace and threat to humanity -- Heroin drug representing greatest public health hazard -- Panel made no error in finding importation of heroin act contrary to purposes and principles of United Nations, even though fight against drug traffic not specified in United Nations Charter-Application dismissed -- United Nations Convention Relating to Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(c).

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