Calin c. Canada (Sécurité publique et Protection civile)

Calin c. Canada (Sécurité publique et Protection civile)

The Federal Court concluded the Immigration Division's finding that there were reasonable grounds to believe the applicant was a member of an organized criminal group under s.37(1)(a) of the IRPA was reasonable given the record: consistent modus operandi, involvement in six linked thefts with multiple participants, and credible admissions of planning and participation; credibility findings and characterization of the conduct were within the Division's reasonable fact‑finding role, so the judicial review is dismissed.

Citation
2025 CF 1197
Parties
Demandeur: DANUT CALIN; Défendeur: LE MINISTRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PROTECTION CIVILE
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 July 2025
Procedural Posture
Judicial Review Under the Immigration and Refugee Protection Act (s.37 Inadmissibility) / Final Judgment on Judicial Review (federal Court)
Outcome
Judicial review application dismissed.
Legal Topics
Inadmissibility, Organized Criminality, Judicial Review, Credibility Assessment, Standard of Review
Source Language
French
Immigration Law Administrative Law Criminal Law Inadmissibility Organized Criminality Judicial Review Credibility Assessment Standard of Review

Case Brief

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Parties

DANUT CALIN

Demandeur

LE MINISTRE DE LA SÉCURITÉ PUBLIQUE ET DE LA PROTECTION CIVILE

Défendeur

Procedural Posture

Judicial Review Under the Immigration and Refugee Protection Act (s.37 Inadmissibility) / Final Judgment on Judicial Review (federal Court)

Legal Issues

  1. 1 Whether the Immigration Division's finding that the applicant was a member of a criminal organization under s.37(1)(a) of the IRPA was reasonable
  2. 2 Whether the Immigration Division erred in its characterization of the applicant's crimes
  3. 3 Whether the Immigration Division's credibility findings were reasonable

Ratio Decidendi

The Federal Court concluded the Immigration Division's finding that there were reasonable grounds to believe the applicant was a member of an organized criminal group under s.37(1)(a) of the IRPA was reasonable given the record: consistent modus operandi, involvement in six linked thefts with multiple participants, and credible admissions of planning and participation; credibility findings and characterization of the conduct were within the Division's reasonable fact‑finding role, so the judicial review is dismissed.

Court Disposition

Judicial review application dismissed.

Orders

  • The application for judicial review is dismissed.
  • The applicant's request for an anonymity/redaction order is denied.