2. Find out the exclusion issue in your case
Question and answer
I have a refugee hearing and there’s an exclusion issue. What does this mean?Start by reading your Notice of Intent to Intervene.
It explains why the Minister is involved in your refugee hearing.
If the Minister is involved because of an , the issue will be about:
- your status in another country,
- serious crimes outside Canada,
- breaking international human rights laws, or
- other security concerns
Understanding the reason is important. It helps you know what you need to prepare.
Status in another country
For this exclusion reason to apply, all the following must be true:
- you lived in a country that's not your country of nationality
- you have the right to return and stay in that country
- you have similar rights as citizens who live there
The Member of the will look at your rights in that country. For example, can you return to live and work there like citizens of that country can?
Exclusion can also be an issue if you had these rights in another country but lost them. Or if you were allowed to get these rights but never did.
This type of exclusion is called Article 1E exclusion.
Security issues
For this exclusion issue to apply, Canada Border Services Agency must have serious reasons to believe that:
- you committed a serious non-political crime outside Canada,
- you broke international human rights laws, or
- there are other security concerns.
This type of exclusion is called Article 1F exclusion.
Admissibility hearing
Some refugee claims with these concerns are sent to the (ID). The ID holds a hearing to decide if you are admissible to Canada. That's called an .
If the ID holds an admissibility hearing, your refugee claim will be suspended until there is a decision. If the ID finds that you are not admissible to Canada, then your refugee claim will end.
Get legal help before an admissibility hearing. A lawyer or other licensed representative should also represent you at the hearing.