Board failed to apply facts of crime to Canadian criminal law

Federal court | Immigration

INADMISSIBLE AND REMOVABLE CLASSES

Board failed to apply facts of crime to Canadian criminal law

Respondent was found to be refugee. Respondent was found not to be excluded despite lengthy record of criminal convictions in United States. Minister’s application for judicial review was allowed. Board failed to apply principles set out in case law. Board failed to apply facts of crime to Canadian criminal law. Board looked for equivalent criminal provisions to those of United States offences. Board erred in consideration of contextual matters. Finding on issue of well-founded fear was unduly brief and did not touch on credibility. Reasons were not adequate.

Canada (Minister of Citizenship and Immigration) v. Diaz
(June 21, 2011, F.C., Phelan J., File No. IMM-4878-10) 204 A.C.W.S. (3d) 125 (8 pp.).

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