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CITIZENSHIP AND IMMIGRATION

                                                                                  Exclusion and Removal

                                                                              Removal of Permanent Residents

Judicial review of Ministers delegates decision applicant danger to public in Canada under Immigration and Refugee Protection Act, s. 115(2)(a)Also determining danger applicant posing in Canada outweighing risks of torture applicant facing if returned to country of nationality Applicant, Sri Lankan, becoming permanent resident after being recognized as Convention refugeeDeportation order issued due to previous criminal convictionArrested, detained on grounds danger to public and flight risk Applicant detained until found at 2002, 2003 detention reviews not to be danger to public on ground police evidence deemed not credible, trustworthyMinister unsuccessfully challenging those decisions regarding applicants releaseOn appeal from deportation order before Immigration Appeal Division, applicant admitting to lying at detention reviews Citizenship and Immigration Canada (CIC) preparing ministerial opinion report to substantiate allegation applicant danger to publicMinisters delegates decision based on applicants prior criminal convictions, alleged involvement in terrorist group, Velvetiturai (VVT) (Tamil criminal gang alleged to support Liberation Tigers of Tamil Eelam) Minister must establish applicant is danger to public to maintain detentionSupreme Court of Canada (Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3) establishing that whether substantial risk of torture to person who is danger to public if deported is threshold question to be determined by evidence, consideration of appropriate factorsFatal flaw in risk analysis made by Ministers delegate in that not considering specific circum-stances of applicants situation, particular risk arising from fact alleged to be leader of VVTDeriving factual foundation applicant member of VVT and therefore danger to public in Canada from Ministerial documents and reports Although such documents conflicting with counsels submissions, Ministers delegate giving former more weight without explanationMinisters delegate not analysing infirmities in CICs evidence, points made by applicants counsel Evidence must show on balance of probabilities applicant danger to public in CanadaMinister must provide written reasons for decision individual danger to public, no substantial grounds to believe individual will be subjected to torture Evidence in record conflicting, deficientRequired analysis, explanations not providedApplication allowed Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 115(2)(a).

Thanabalasingham v. Canada (Minister of Citizenship and Immigration) (IMM‑3402‑03, 2005 FC 172, Lemieux J., order dated 3/2/05, 35 pp.)

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