| Citation: |
SEGASAYO. v. Canada (CITIZENSHIP AND IMMIGRATION), 2010 FC 173, [2010] 1 F.C.R. d-9 |
IMM-3367-09 |
Citizenship and Immigration
Exclusion and removal
Inadmissible Persons
Judicial review of deportation order against applicant found inadmissible to Canada for violating human or international rights—Applicant, Rwanda’s Ambassador to Canada from 1991 to 1995, given refugee status in 1996 claiming fear of persecution and reprisal by new Tutsi government as member of Hutu intelligentsia—In 1998, Minister of Citizenship and Immigration designated two Rwandan governments in power from October 1990 to April 1994 and from April 1994 to July 1994 as regimes engaged in crimes against humanity and genocide under Immigration Act, R.S.C., 1985, c. I-2—No material difference between prior law and current law, as set out now in Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), ss. 35(1)(b), 35(2), Immigration and Refugee Protection Regulations, SOR/2002, s. 16—Applicant sought ministerial exemption under current IRPA, s. 35(2) on basis that not complicit in crimes committed during Rwandan genocide, his permanent residence not detrimental to national interest; exemption refused—Regulations, s. 16 created irrebutable presumption that ambassador in service of government on Minister’s list inadmissible on grounds of violating human, international rights—Leading case on current IRPA, s. 35, Canada (Minister of Citizenship and Immigration) v. Adam, [2001] 2 F.C. 337 (C.A.) must be followed—Premature to review constitutionality of IRPA, s. 35(1)(b), other avenues open to applicant before removal—Application dismissed—Question certified whether IRPA s. 35(1), Regulations, s. 16 in accordance with principles stated by Supreme Court in Singh v. Canada (Minister of Employment and Immigration), [1985] 1 S.C.R. 177, Charkaoui v. Canada (Citizenship and Immigration), [2007] 1 S.C.R. 350, Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.
Segasayo v. Canada (Citizenship and Immigration) (IMM-3367-09, 2010 FC 173, Harrington J., judgment dated February 18, 2010, 16 pp.)