[2011] 4 F.C.R. D-9
Citizenship and Immigration
Status in Canada
Citizens
Referral by Minister of Citizenship and Immigration pursuant to Citizenship Act, R.S.C., 1985, c. C-29, s. 18(1)(b) following service of Notice in Respect of Revocation of Citizenship on defendant—Minister intending to make report to Governor in Council seeking revocation of defendant’s citizenship on grounds that citizenship obtained by false representation or fraud or by knowingly concealing material circumstances—Notice asserting inter alia that defendant, Bosnian Serb, active as police officer, military member during conflict in Bosnia-Herzegovina in town of Bileća; mistreating, assaulting, torturing detainees in detention camp—Defendant admitted to Canada as permanent resident on basis of status as Convention refugee—Certifying that all information in application for permanent residence truthful, complete, correct prior to submitting application—However, Court identifying areas of concern with respect to truthfulness of information provided by defendant—Defendant misrepresenting or failing to disclose material information relating to residence, education, employment, whereabouts—Most importantly, defendant not disclosing employment as reserve police officer, prison guard to immigration officer—Defendant’s knowing concealment of time spent in Bileća material omission having effect of averting further inquiries by immigration officer—Court finding that defendant working as prison guard at detention facilities in Bileća, aware that prisoners held in inhumane conditions, beaten—Four elements establishing existence of crime against humanity in Mugesera v. Canada (Minister of Citizenship and Immigration), 2005 SCC 40, [2005] 2 S.C.R. 100 met herein—Defendant not acting under duress as guard in Bileća, actively participating in abuses—Court satisfied that defendant obtaining citizenship by false representation or fraud, by knowingly concealing material circumstances.
Canada (Citizenship and Immigration) v. Rogan (T-1769-07, 2011 FC 1007, Mactavish J., judgment dated August 18, 2011, 117 pp.)