Canada Immigration Caselaw Canada v Kanagendren, Inadmissible and removable classes, Terrorism, Joy Stephen, Polinsys

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Canada (Minister of Citizenship and Immigration) v. Kanagendren

IMMIGRATION — Inadmissible and removable classes — Terrorism

Applicant was member of Tamil National Alliance (“TNA”) — Immigration Division found that applicant’s membership in TNA constituted membership in Liberation Tigers of Tamil Eelam (“LTTE”), which had engaged in terrorism — Immigration Division found that there were reasonable grounds to believe that applicant engaged or would engage in terrorism — Applicant was found to be inadmissible under s. 34(1)(f) of Immigration and Refugee Protection Act (Can.) — Applicant applied for judicial review — Application was dismissed — Applicant appealed — Appeal dismissed — Judge certified question of whether Ezokola c. Canada (Ministre de la Citoyennete & de l’Immigration) (2013), 229 A.C.W.S. (3d) 836 (S.C.C.), changed existing legal test for assessing membership in terrorist organizations for purpose of assessing inadmissibility under s. 34(1)(f) of Act — Ezokola did not modify test for assessing membership in terrorist organization under s. 34(1)(f) of Act — Under s. 34(1), inadmissibility finding flowed from engaging in terrorism or membership in organization that engaged in terrorism and nothing in s. 34(1)(f) required complicity analysis in context of assessing membership in terrorist organization — Textual analysis of s. 34(1)(f) of Act was supported by contextual and purposive considerations — Immigration Division’s finding that applicant’s membership in TNA constituted membership in LTTE was reasonable — There were reasonable grounds to believe that facts giving rise to inadmissibility were present

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