Even if they are eligible for one of these exceptions, applicants must meet all other eligibility criteria under Canadian immigration legislation. For example, if a refugee applicant has been found inadmissible in Canada for security, human rights or international rights violations or for a serious crime, that person is not entitled to apply for refugee status. Conservative MP Peter Kent, a critic of the Citizenship and Immigration Party, is calling on the government to appeal the decision. The NDP`s immigration critic, Jenny Kwan, wants the Liberals not to do that. The verdict is a great victory for Canadian immigration activists. Although McDonalde`s judgment clearly states that the STCA is unconstitutional, the decision will not take effect for six months, and the law will remain in effect during that period. The government can also use this time to decide whether to appeal the decision or suspend the STCA, which it can do unilaterally under the agreement. Justice Ann Marie McDonald said the agreement that prevents people from entering either Canada or the United States in the official Canada-U.S. Crossing borders and seeking asylum – it is contrary to the section of the Charter that guarantees McDonald`s “right to life, liberty and security of the person” that McDonald gave to the government until the end of January to prepare for the end of the agreement, because he understood that it was in the public interest not to terminate the agreement immediately. Julie Taub, an immigration and refugee lawyer, says the Canada Border Services Agency has lost capacity since the agreement was put in place in late 2004 and would be “overwhelmed” if the agreement was repealed.  Safe third country conventions are not explicitly mentioned in the 1951 Convention on the Status of Refugees, nor in the 1967 Protocol on the Status of Refugees. Rather, their legitimacy derives from Article 31 of the 1951 Convention, which states that a refugee should not be punished for illegal entry into a country if he arrives directly from a country where he is threatened.