LAWS 2908 Chapter Notes - Chapter 3: Obiter Dictum, Ratio Decidendi, Case Citation

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14 Oct 2017
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Feebles v canada (minister of citizenship and immigration) Febles, a national of cuba, was convicted in us in 1984 and 1993 of assault with a deadly weapon. Came to canada in 2008 after completing prison sentences and claimed refugee status. Refugee protection division of immigration and refugee board held that article 1f (b) of un convention excluded febles from definition of a refugee. Applies for judicial review: argued rpd erred in law because it failed to consider whether he was rehabilitated and posed a present danger to canadian public, fed court dismissed the application. Febles appealed the decision: (cid:862)(cid:449)he(cid:374) applyi(cid:374)g a(cid:396)ti(cid:272)le 1f to u(cid:374) is it (cid:396)ele(cid:448)a(cid:374)t to (cid:272)o(cid:374)side(cid:396) the fa(cid:272)t that (cid:396)efugee (cid:272)lai(cid:373)a(cid:374)t has been rehabilitated since the (cid:272)o(cid:373)(cid:373)issio(cid:374) of the (cid:272)(cid:396)i(cid:373)e at issue? (cid:863, negative and dismissed appeal. On appeal from federal court of appeal. He was admitted to us as refugee from cuba.

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