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Canada decisions
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The Federal Court dismissed judicial review of an inadmissibility ruling, finding the Immigration Division reasonably concluded the applicant was a KGB member and that the KGB engaged in espionage against Canada.
Federal Court granted judicial review of a TRV refusal based on IRPA security inadmissibility, finding the officer failed to apply the post-2013 nexus to Canada required for espionage.
The Immigration Division's interpretation of 'contrary to Canada’s interests' was unreasonable; the phrase requires the espionage to be directed against Canada or to have a nexus to Canada’s national security or security interests. Because the evidence did not establish such a nexus, paragraphs 34(1)(a) and 34(1)(f) did not provide a basis to find the respondent inadmissible, and there was no need to remit the matter to the Immigration Division.
Source excerpt
The phrase 'contrary to Canada’s interests' in paragraph 34(1)(a) of IRPA must be read to require a nexus to Canada’s national security or security interests; the Immigration Division’s broad interpretation was unreasonable because it failed to account for the Refugee Convention non‑refoulement constraints and relevant statutory context, and therefore its inadmissibility finding was quashed and the Federal Court’s judicial review decision was upheld.
Source excerpt
The Federal Court allowed judicial review of an IAD decision on security inadmissibility, finding the IAD unreasonably relied on evidence outside an expert’s expertise.
The Federal Court dismissed a judicial review of a study permit refusal, holding the officer reasonably found the applicant may engage in espionage under IRPA s. 34(1)(a).
The Federal Court dismissed judicial review of an IRPA inadmissibility decision, upholding findings of duress, NISS membership, and a national-security nexus.
The Federal Court dismissed judicial review of a permanent residence refusal, finding the applicant’s PSD service supported membership-based inadmissibility and the espionage finding reasonable.
The Federal Court dismissed a judicial review of an immigration inadmissibility finding based on alleged OCAO espionage and membership under IRPA ss. 34 and 42.
The Federal Court allowed judicial review of an inadmissibility finding, holding the Immigration Division unreasonably defined “Canada’s interests” and remitted the matter.
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