[2018] 4 F.C.R. D-2
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of decision by immigration officer denying applicant permanent residence visa on grounds of inadmissibility pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 34(1)(f) — Applicant Eritrean citizen, involved with Eritrean People’s Liberation Front, Eritrean Liberation Front — Officer concluding both organizations engaged in terrorism, subversion, that applicant’s continued involvement in those organizations not made under duress — Applicant at no time requesting that the officer exercise “residual discretion” to issue visa despite finding of inadmissibility — Main issues whether officer having discretion to grant visa; whether officer erring in treating considerations of membership per se in an organization separately from issue of whether that membership created through duress — Nothing before officer suggesting that “discretion” in play, that despite finding of inadmissibility, officer should have issued visa — In any event, scheme of Act, specific wording and legislative intent pointing away from conclusion that word “may” in Immigration and Refugee Protection Regulations, SOR/2002-227, ss. 144, 146(2) granting residual discretion — Statutory scheme providing Minister with power of relief — Redundant for exemption power to be available at both ministerial level in Act, and at visa officer level in Regulations — Once finding of inadmissibility pursuant to Act, s. 34(1) made, visa officer having no remaining authority to issue visa — With respect to duress, evidence having to be considered as a whole to determine whether membership voluntary or coerced — Here, officer looking at all the evidence — Applicant’s initial position not indicating any duress — Emphasis on duress increasing as time progressed — Reasonable for officer to put greater emphasis on applicant’s early statement as to his reasons for joining, staying with organizations — Application dismissed.
Damir v. Canada (Citizenship and Immigration) (IMM-2453-17, 2018 FC 48, Phelan J., judgment dated January 18, 2018, 16 pp.)