REFUGEE PROTECTION - Who constitute - Grounds for disqualification - Country of nationality

Law360 Canada (October 27, 2022, 8:54 AM EDT) -- Application by Abdulqayum for judicial review of a decision by the Immigration Division of the Immigration, Refugees and Citizenship Canada (“ID”). Abdulqayum was a citizen of Afghanistan. He fled to the United States on a visa that he obtained in connection with his fiancé. While in the United States, Abdulqayum was charged with aggravated harassment in the second degree pursuant to New York Penal Law arising out of an incident with his former fiancé wherein he placed approximately 67 calls to her in about a nine-hour period. Abdulqayum pled guilty and received a one-year conditional discharge and a two-year protection order in respect of his former fiancé. Fearing that his criminal charge would affect his refugee claim in the United States, the applicant fled to Canada in September 2015 and filed a refugee claim in Canada which was granted but was later dismissed by the Refugee Appeal Division of the Immigration and Refugee Board of Canada. In September 2017, Abdulqayum met his spouse (a Canadian citizen) and they married in March 2019. In August 2019, Abdulqayum and his spouse submitted a Spousal Sponsorship application which was refused by the ID. The ID found that the applicant was inadmissible on grounds of serious criminality under the Immigration and Refugee Protection Act (the Act) and therefore did not meet the requirements of the Immigration and Refugee Protection Regulations (Regulations). The issue was whether the ID's decision was reasonable....
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