I have a refugee hearing and there’s an exclusion issue. What does this mean?
2. Learn why the Minister is intervening
Check the Notice of Intent to Intervene for the reason why the Minister is intervening. If the Minister is not intervening based on an exclusion issue, read more in How do I prepare for my refugee hearing?
The exclusion reason will relate to:
- your status in another country, or
- serious crimes, security issues, or breaking human rights laws.
Status in another country
For this exclusion reason to apply, you must:
- have lived in a country that's not your country of nationality,
- have the right to return and stay in that country, and
- have similar rights to other citizens who live there if you return.
This type of exclusion is called an Article 1E exclusion based on the UN Refugee Convention.
This exclusion usually applies when you have status in another country. But this exclusion may apply even if you lived in that country with refugee or temporary status. The Refugee Board considers what rights you have in that country, for example, can you return there to live and work.
Serious crimes, security issues, and breaking human rights laws
For this exclusion reason to apply, Canada Border Services Agency (CBSA) has to prove that there are reasons to believe that:
- you have committed a serious crime,
- you have broken human rights laws, or
- your claim raises other security concerns.
This type of exclusion is called an Article 1F exclusion based on the UN Refugee Convention.
Some refugee claims that involve serious crimes or security concerns are referred to the Refugee Board's Immigration Division for what's called an admissibility hearing. This type of hearing decides whether you can enter or stay in Canada.
It's important to get legal advice before an admissibility hearing. A lawyer can help you understand what's the best to support your case.