CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Sabour v. Canada (Minister of Citizenship and Immigration)
IMM-3268-99
Lutfy A.C.J.
4/10/00
18 pp.
Application for judicial review of decision by visa officer refusing permanent residence in Canada on basis of membership in Anjoman Islamie, Iranian organization said to be engaged in terrorism--Applicant challenging decision mainly for lack of material before visa officer to justify characterization of Anjoman Islamie as organization engaged in terrorism--Applicant, citizen of Islamic Republic of Iran, acknowledged being member of Montréal branch of Anjoman Islamie between 1993 and 1995--In June 1995, applicant filed application for permanent residence from Canadian consulate in Buffalo, New York--Immigration Act, s. 19(1)(f)(iii)(A),(B) dealing with organization's engagement in "espionnage or subversion", "terrorism"--Visa officer's refusal of application for permanent residence based solely on membership in organization concerning which reasonable grounds to believe is or was engaged in terrorism--Words "reasonable grounds to believe" considered in several decisions--Record disclosing minor discrepancies concerning applicant's involvement with Anjoman Islamie--Vague statement attributed to applicant by visa officer not constituting reasonable grounds to believe Anjoman Islamie is or was terrorist organization--Canadian Security Intelligence Service report to Citizenship and Immigration falling short of establishing reasonable grounds to believe Anjoman Islamie is or was organization engaged in terrorism--Decision to refuse application for permanent residence on ground applicant member of organization engaged in terrorism set aside--Even on standard of "reasonable grounds to believe", decision made without regard to material available to visa officer--Record before Court incomplete--Not containing all of information available to visa officer in reaching decision Anjoman Islamie engaged in terrorism--Application granted--Immigration Act, R.S.C., 1985, c. I-2, s. 19 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; c. 49, ss. 11, 122 (c),(d); 1995, c. 15, s. 2; 1996, c. 19, s. 83).