| Citation: |
M’Bosso v. Canada (Citizenship and Immigration), 2011 FC 302, [2011] 2 F.C.R. D-1 |
IMM-3295-10 |
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of decision of Immigration Division of Immigration and Refugee Board finding applicant inadmissible on grounds of serious criminality, organized criminality under Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), ss. 36(1), 37(1)—Applicant citizen of Democratic Republic of the Congo, committing series of criminal offences as adolescent in Canada—Convicted under Youth Criminal Justice Act, S.C. 2002, c. 1 (YCJA) for, inter alia, breaking and entering, forcible confinement, assault with weapon, sentenced as adult to 15 months—Immigration Division finding reasonable grounds to believe applicant member of criminal organization, convicted in Canada of offence punishable by maximum term of imprisonment of at least 10 years—Applicant believing no basis to inadmissibility finding because convicted under YCJA, IRPA, s. 36(3)(e) exception should therefore apply—Whether Immigration Division erring in finding applicant inadmissible as a result of being person described in ss. 36(1), 37(1)—Evidence adduced before Immigration Division showing applicant active member of criminal organization for many years—United Nations Convention on the Rights of the Child, November 20, 1989, [1992] Can. T.S. No. 3 not applicable where proceedings, decision taking place when individual no longer minor—Parliament not intending that any offence committed by adolescent to give rise to s. 36(3)(e) exception—Where offence attracting adult sentence, adolescent may be found inadmissible on grounds of serious criminality under s. 36(1)—Addition of YCJA to wording of IRPA embodying principle that mere liability to adult sentence can justify inadmissibility finding—Immigration Division therefore committing no error in finding applicant inadmissible on grounds of serious criminality, organized criminality, in ordering him deported from Canada.
M’Bosso v. Canada (Citizenship and Immigration) (IMM-3295-10, 2011 FC 302, Shore J., judgment dated March 14, 2011, 35 pp.)