What is the current state of the law on exclusion of a convicted criminal who has served his sentence for a serious crime?
Canada (Federal), Canada
The following excerpt is from Febles v. Canada (Citizenship and Immigration), [2014] 3 SCR 431, 2014 SCC 68 (CanLII):
And in France, the Conseil d’État has stated that, while protection of the host society is, besides exclusion of fugitives, a rationale for Article 1F(b), a claimant who has served his sentence for a serious crime should not be excluded unless it is found, on the basis of something more than the fact that an Article 1F(b) crime was committed, that he would represent a danger to the public (Office français de protection des réfugiés et apatrides v. Hykaj, No. 320910, May 4, 2011).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Does the 9th Circuit have jurisdiction to hear a claim that a federal district court abused its discretion by sentencing a convicted criminal to a reduced sentence based on his criminal conviction? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
Is a Minister's delegate erred by misapplying the so-called "two-part test" in determining that a convicted criminal must be convicted of certain crimes and that the convicted person is or will be a danger to the public? (Canada (Federal), Canada)
What is the current state of the law on non-citizen criminal convictions in a non-Citizen criminal case? (MultiRegion, United States of America)
What is the current sentence for an inmate who was convicted as a result of the provisions of Section 7 of the Criminal Code when it came to sentencing? (MultiRegion, United States of America)
