CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Refugees |
Harkat (Re)
A-317-03, A-337-03
2004 FCA 244, Sexton J.A.
22/6/04
4 pp.
Appeals from two separate orders ([2003] 4 F.C. 1020; (2003), 243 F.T.R. 161 (T.D.)) made by designated judge in determining reasonableness of security certificate alleging appellant inadmissible to Canada on security grounds for engaging in terrorism, being member of organization engaged in terrorism--Appellant requesting hearing into reasonableness of certificate be suspended in order for him to make application for protection under Immigration and Refugee Protection Act (IRPA), s. 112(1)--Designated judge correctly declined to suspend proceedings into reasonableness of security certificate on grounds appellant not entitled to apply for protection as already determined to be Convention refugee, therefore already protected person under IRPA, s. 95(2)--S. 112(1) expressly providing person in Canada "other than a person referred to in subsection 115(1)" may make application for protection if subject to removal order or named in security certificate--Appellant not entitled to apply for protection under s. 112(1) as already protected person-- Designated judge also declined to compel attendance of CSIS employee to testify regarding particulars contained in summary of evidence provided to appellant--Original counsel for appellant arguing counsel for Ministers abused process of Court by sending him letter threatening to prosecute one of appellant's potential witnesses (former CSIS employee) if he testified--Designated judge correctly found letter stating testimony might breach duty of secrecy did not constitute threat giving rise to abuse of process--Entirely reasonable for counsel for Ministers to send letter to ensure counsel for appellant, former CSIS employee aware of obligations under legislation--Appeals dismissed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 95, 112, 115.