Jayaseekera v MCI Exclusion under Article 1 F (b)

This case sets out the test for determining whether or not a crime is a serious non political crime for the purposes of Article 1 F (B). The Federal Court of Appeal held that the fact that a person had served his or her sentence was not determinative of the issue of whether or not he could be excluded under Article 1 F (B). In each case the Court had to consider all of the circumstances including inter alia the offence, the length of sentence and other mitigating and aggravating factors.