| Citation: |
he v. canada (Citizenship and Immigration, 2010 FC 391, [2010] 2 F.C.R. D-13 |
IMM-3823-09 |
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of Immigration and Refugee Board Immigration Division decision finding applicant, citizen of China, person described under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 37(1)(a)—Applicant, others charged with criminal offences in connection with illegal marijuana grow operation—Applicant found inadmissible, deported—Issue whether Immigration Division erring in finding applicant member of criminal organization—Immigration Division decision reasonable, supported by evidence—Obiter: relying on s. 37(1)(a) not necessary, s. 36(2)(a) more appropriate route as applicant convicted of indictable offence—S. 36(2)(a) not requiring Immigration Division to search for indicia establishing applicant member of criminal organization—Case herein not falling within circumstances described in Sittampalam v. Canada (Minister of Citizenship and Immigration), 2006 FCA 326, [2007] 3 F.Ca.R. 198—Treating case herein as matter of organized criminality not necessary because group of individuals liable for commission of criminal acts—Doubtful Parliament intending s. 37(1)(a) to be used for such purpose—Doing so trivializing, banalizing significance of organized crime—Application dismissed.
He v. Canada (Public Safety and Emergency Preparedness) (IMM-3823-09, 2010 FC 391, Mosley J., judgment dated April 13, 2010, 15 pp.)