Chan v. Canada ( Minister of Citizenship and Immigration )
IMM-2154-98
MacKay J.
23/4/99
10 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) applicant not Convention refugee under Immigration Act, s. 2(1)-Applicant convicted in U.S.A. in 1992 upon pleading guilty to having committed offence of illegal use of communication facility, offence relating to trafficking, distribution of narcotics-Issue of significance before Court finding by panel applicant excluded under Convention, Art. 1F(b) from consideration as refugee claimant-Panel correct in determining applicant excluded by reason of Art. 1F(b) as having committed serious non-political crime outside country of refuge (Canada) prior to admission as refugee claimant-CRDD correct in concluding, in circumstances of case, while applicant's conviction for unlawful use of communication facility, conviction arose out of offence involving serious drug trafficking in which applicant, at least one other person, involved-Applicant not convicted of drug trafficking, rather of offence of using communication facilities in connection with drug trafficking-Application dismissed-Questions certified as serious questions of general importance, appropriate for consideration by F.C.A.-Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1)-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(b).