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The Federal Court held that the Immigration Division unreasonably treated the Palestinian Authority as part of the PLO without adequately addressing contradictory evidence.
La Cour fédérale rejette le contrôle judiciaire et confirme la décision de la Section de l’immigration concluant raisonnablement à l’appartenance du demandeur à la FESCI.
The Federal Court allowed judicial review of an Immigration Division decision finding SCNC-related inadmissibility, holding the reasons unreasonably ignored contradictory evidence.
The Federal Court declined to certify the Minister’s proposed question under IRPA s. 74(d), finding it was not a serious question of general importance.
Judicial review of an IRPA inadmissibility finding was dismissed. The Court upheld the Immigration Division’s rulings on expert evidence, bias, membership, and terrorism.
Federal Court allowed judicial review of an IAD inadmissibility decision, finding the evidence relied on was too weak to establish reasonable grounds to believe membership in Shining Path.
The panel found the claimant did provide services to the LTTE, the LTTE is established as a terrorist organization, the claimant’s duress/compulsion evidence was not credible and he had opportunities to seek protection or flee; therefore there are serious reasons to consider he committed a serious non-political crime and he is excluded from refugee protection under Article 1F(b)/s.98 IRPA.
Source excerpt
Federal Court granted judicial review, set aside an IAD inadmissibility finding, and remitted the matter after finding the membership analysis was unreasonable.
Judicial review of a visa refusal was dismissed after the Court upheld a finding that the principal applicant was inadmissible for LTTE membership under IRPA s. 34(1)(f).
The Federal Court dismissed judicial review of an immigration inadmissibility decision, holding the Board reasonably rejected duress because imminence was not established.
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