Canada Immigration Case Law,Michel M.J, Canada,(June 12 2015 J.Federal Court )

Benit Varghese Caselaws 0 Comments

This is an IMMIGRATION case, Ion c. Canada — Inadmissible and removable classes — Criminality —

Case law is not meant for people interested to apply for immigration to Canada, but may be used by those who feel the system is not fair, to gain an understanding of the recourse available in Canada. Content for this video is sourced from information distributed by Thomson Reuters. Judgement for this case is attached in my blog reportersreport.com as a pdf document

 

Applicant was permanent resident who was arrested in course of police operation — Applicant pleaded guilty and received suspended sentence and probation order — Applicant was subject of report pursuant to ss. 44(1) and 37(1)(a) of Immigration and Refugee Protection Act (Can.) — Immigration Division (ID) concluded that applicant’s conviction and fact that applicant was represented by lawyer during guilty plea were sufficient to conclude that applicant engaged in activities related to criminal organization in accordance with s. 37(1)(a) of Act — Evidence showed applicant as facilitator in commission of two robbery attempts, and as having role essential to modus operandi of criminal organization — ID determined that organization did not randomly form with purpose of committing single offence — Applicant brought application for judicial review — Application dismissed — It was reasonable for ID to conclude that there were reasonable grounds to believe organization was criminal organization pursuant to s. 37(1)(a) of Act — Applicant was key player in criminal activities for which he was charged and convicted — In light of evidence, it was reasonable for ID to conclude that applicant’s conviction in respect of charges brought against him was sufficient to determine that applicant was engaged in activities related to criminal organization pursuant to s. 37(1)(a) of Act — Since structure of criminal organizations varies, ID was to have discretion in assessing all evidence in light of Act’s purpose

Ion c. Canada (Ministre de la Citoyenneté et de l’Immigration) (June 12, 2015, Michel M.J. Shore J., Federal Court) 255 A.C.W.S. (3d) 686

Leave a Reply

Your email address will not be published. Required fields are marked *