CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Ikhlef (Re)
DES-8-01
2002 FCT 263, Blais J.
8/3/02
36 pp.
Application for judicial review, based on Immigration Act, s. 40.1, of certificate stating both ministers were of opinion Mourad Ikhlef inadmissible person within meaning of Act, s. 19(1)(e)(iii), (iv)(B), (C), (f)(ii), (iii)(B) (terrorism)--Role of Court to determine whether or not Minister's certificate reasonable one: Baroud (Re) (1995), 98 F.T.R. 99 (F.C.T.D.) --Certificate reasonable--Case law clearly stating s. 19(1)(e), (f) require proof of "reasonable grounds to believe" certain facts and not proof of facts themselves--Standard of proof, while falling short of balance of probabilities, nonetheless connotes "a bona fide belief in a serious possibility based on credible evidence": Chiau v. Canada (Minister of Citizenship and Immigration), [2001] 2 F.C. 297 (C.A.)--Based on evidence, Mourad Ikhlef presumed to be member of Armed Islamic Group (AIG) cell in Montréal--Well established that AIG terrorist group associated with Osama Bin Laden and Al Qaeda--Most of his friends, whom he saw on daily basis throughout 1990s in Montréal and Vancouver, now behind bars or convicted of various crimes in France, England, Algeria, and United States relating to terrorist activities-- According to evidence gathered, no doubt that Mr. Ikhlef's relationships with friends in both Montréal, Vancouver and relationships outside Canada not at all what he tried to tell Court at hearing--Indeed reasonable grounds to believe Mr. Ikhlef was, still is member of organization that there are reasonable grounds to believe will engage in terrorism and therefore person described in Immigration Act, s. 19(1)(e)(iv)(C)--Also person who there are reasonable grounds to believe will engage in terrorism, has engaged in terrorism and still member of organization that there are reasonable grounds to believe is or was engaged in terrorism --However, ministers did not file sufficient evidence with respect to s. 19(1)(iv)(B), and that ground must be rejected-- Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(e)(iii) (as am. by S.C. 1992, c. 49, s. 11), (iv)(B) (as am. idem), (C) (as am. idem), (f)(ii) (as am. idem), (iii)(B) (as am. idem), 40.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4; S.C. 1992, c. 49, s. 31).