Case # 35215
Luis Alberto Hernandez Febles v. Minister of Citizenship and Immigration (March 25, 2014)
The appellant is a Cuban citizen who was granted refugee status in the United States. The appellant was granted refugee status due to his fear of persecution as a political dissident. While in the U.S., the appellant was twice convicted of assault with a deadly weapon. As a result of those convictions, the appellant was subject to removal from the U.S. after having served his sentences. Shortly after his release from prison, the appellant entered Canada illegally and claimed refugee status. The appellant argued before the Refugee Board that he had served his sentences, posed no danger to Canadian society and was now rehabilitated. The Board dismissed his claim for refugee status based on jurisprudence and legislation. The jurisprudence and legislation denies refugee protection for claimants convicted of serious non-political crimes. The appellant’s application for judicial review was dismissed by the Federal Court.