CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Removal of Refugees
Judicial review of Immigration and Refugee Board’s exclusion of applicant under United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(b) for committing serious non-political crime, failing to complete sentence therefor—Applicant pleaded no contest to possession of ephedrine, hydriotic acid with intent to manufacture methamphetamine under California state law—Deported to Jordan after release from state prison but before completion of probation—Board erred in holding U.S. conviction based on offence Canadian equivalent for which aiding, abetting—No requirement in U.S. law of actual manufacturing—Questions certified regarding application of exclusion clause after sentence served and as to whether deportation effectively deeming sentence served—Application allowed.
Husin v. Canada (Minister of Citizenship and Immigration) (IMM-2814-06, 2006 FC 1451, Phelan J., judgment dated 30/11/06, 11 pp.)