| Citation: |
Lopes v. Canada (Citizenship and Immigration), 2010 FC 403, [2010] 2 F.C.R. D-7 |
IMM-240-09 |
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of negative admissibility decision whereby applicant found inadmissible pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 35(1)(a)—Applicant admitted to Canada in 1985, obtaining permanent resident status in 1986, while Minister knew of his involvement in crimes against humanity—Minister’s permit in 1985, current inadmissibility allegations not determintations of same question; doctrines of res judicata, issue estoppel inapplicable—One positive admissibility decision not excusing subsequent inadmissibility—With regard to abuse of process allegations for delays, applicant bearing heavy burden in establishing prejudice or unfair hearing, which was not met herein—Lastly, Act, s. 35(1)(a) not retrospective by imposing present consequences to past behaviour—Parliament choosing to treat past and present participation in crimes against humanity as continuing fact—Thus, s. 35(1)(a) has prospective application as merely changing consequences for continuing fact—Applicant’s past legal status unchanged—Even if s. 35(1)(a) considered retrospective, Act, s. 33 clearly indicating Parliament’s intention of applying impugned provision to past events—Application dismissed.
Lopes v. Canada (Citizenship and Immigration) (IMM-240-09, 2010 FC 403, O’Keefe J., judgment dated April 14, 2010, 42 pp.)