Exclusion clauses (Refugee Convention)
Statutory definition
Section 98 of the Immigration and Refugee Protection Act, SC 2001, c 27, provides that a person referred to in Article 1E or 1F of the Refugee Convention is not a Convention refugee or person in need of protection. Section 96(2) provides that Article 1D persons are similarly excluded if UNRWA's protection is available to them.
Explanation
The exclusion clauses exclude from refugee protection persons who either do not need it (Article 1D and 1E) or do not deserve it (Article 1F):
- Article 1D — persons receiving protection from UNRWA (UN Relief and Works Agency) for Palestinian refugees; excluded while UNRWA protection continues
- Article 1E — persons with rights substantially equivalent to nationals in a third country (have a nationality or equivalent stability elsewhere)
- Article 1F(a) — war crimes, crimes against humanity, crimes against peace
- Article 1F(b) — serious non-political crimes outside Canada before admission
- Article 1F(c) — acts contrary to the purposes and principles of the United Nations (terrorism)
How this term is used
The Minister may raise exclusion as an issue at an RPD hearing. The standard for Article 1F exclusion is "serious reasons to consider" — lower than the criminal standard of beyond reasonable doubt. Exclusion findings are not subject to the same H&C relief that is available to other inadmissible persons.