[2016] 4 F.C.R. D-10
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of decision by immigration officer finding applicant Sukhvinder Singh inadmissible under Immigration and Refugee Protection Act, s. 34(1)(f) — Applicant submitting application for permanent residence in 1999 as spouse under family class on humanitarian, compassionate (H&C) grounds — Indicating membership in International Sikh Youth Federation (ISYF) — Applicant later declaring membership in International Sikh Youth Federation Damdami Taksaal (ISYF-DDT), splinter group of ISYF — Found inadmissible in 2000 for past convictions in Switzerland — Applicant’s 2007 application for permanent residence as member of Convention refugee class denied on grounds of serious criminality — Applicant’s 1999 application redetermined — Officer finding reasonable grounds to believe applicant member of terrorist organization within meaning of Act, s. 34(1)(f) — Noting that inadmissibility finding not altering applicant’s protected person status in Canada — Whether: application for judicial review herein premature; process afforded to applicant fair; underlying decision reasonable — Judicial review not premature — Reasoning in Ali v. Canada (Minister of Citizenship and Immigration), 2004 FC 1174, Mohammed v. Canada (Minister of Citizenship and Immigration), 2006 FC 1412 applying herein — Applicant still bearing burden of underlying inadmissibility finding even if ultimately granted permanent residence on H&C grounds — Potentially running afoul of Federal Courts Rules, SOR/98-106, r. 302 — Pending H&C decision not providing adequate alternative remedy to applicants’ challenge to inadmissibility finding — Applicant’s right to procedural fairness not breached — Decision reasonable — Evidence suggesting ISYF, ISYF-DDT not separate, distinct organizations — Fact that organization splinter group of parent organization, without more to establish its distinct identity, insufficient to escape finding of inadmissibility — Application dismissed.
Singh v. Canada (Citizenship and Immigration) (IMM-1388-15, 2016 FC 826, Diner J., judgment dated July 19, 2016, 24 pp.)