Digests

Andeel v. Canada (Minister of Citizenship and Immigration)

IMM-5236-02

2003 FC 1085, Noël J.

24/9/03

12 pp.

Applicant seeking to quash Visa Officer's decision refusing wife Jeannette Haddad permanent resident visa for which submitted sponsored undertaking to Canadian Embassy in Tel Aviv as Visa Officer found reason to believe Ms. Haddad complicit in war crimes, genocide, crimes against humanity-- Applicant not provided with certain parts of file as respondent of opinion contain confidential information, some of which illustrates Canadian Security Intelligence Service (CSIS) as well as Department of Citizenship and Immigration (CIC) investigative methodology, techniques--Information should not be disclosed because it would be injurious to national security, safety of persons--In application for permanent residence, Ms. Haddad indicated working for South Lebanese Army (SLA) as administrative clerk, employed as such since October 1992--Visa Officer, assisted by War Crimes Section, concluded Ms. Haddad inadmissible--When assessing questions of law, standard of review of Visa Officer's decision one of correctness--Where questions of mixed fact and law involving Visa Officer's expertise, standard of unreasona-bleness simpliciter shall apply-- Applicant submitting evidence relied on by Visa Officer fell short of establishing "reasonable grounds" to believe she committed war crimes, crimes against humanity, genocide-- Standard of proof required to establish "reasonable grounds" bona fide belief in serious possibility based on credible evidence--War Crime Unit could have provided Visa Officer with grounds on which to base decision such as documentary evidence on SLA, international law, conventions relating to War Crimes Act, ss. 4 to 7--Court finding disturbing that Visa Officer's working file silent on such essential element and, in absence of such critical evidence, failing to see how such decision could have reasonably been reached--Visa Officer failing to establish which specific provision of ss. 4 to 7 Ms. Haddad supposed to have breached--Lack of explanation legal error--Visa Officer not only can, but should consult other sources in order to ascertain whether applicant, in this case Ms. Haddad, has engaged in illegal activity--Visa Officer's decision containing errors which justify Court's intervention--Application granted--Question certified: where visa officer believes applicant may have committed offence referred to in Crimes Against Humanity Act, ss. 4 to 7 and therefore may be inadmissible to Canada, must visa officer specify offence has reasonable grounds to believe applicant committed?-- Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24, ss. 4, 5, 6, 7.