[2013] 1 F.C.R. D-5
Citizenship and Immigration
Exclusion and Removal
Immigration Inquiry Process
Judicial review of Canada Border Services Agency (CBSA) decision convoking applicant to interview with Canadian Security Intelligence Service (CSIS) representative under Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), s. 15(1)—Applicant among persons coming to Canada on MV Sun Sea—Issue herein whether CBSA exceeding its jurisdiction under IRPA in directing applicant to attend interview with CSIS—No evidence CBSA explained to applicant that when convoked to interview, compelled to appear but not compelled to submit to interview—Exercise of authority granted by statute carrying with it responsibility to ensure discretion employed fairly—Here, applicant would not have known that she was not required to participate in interview with CSIS had she been unrepresented—CBSA abusing its authority—While CBSA had power to compel attendance, it exceeded scope of its mandate when it used this power for a purpose not granted thereto by its home statute—Appropriate discretion to coordinate activity with security agencies not extending to compelling attendance at interviews in which person not obliged to participate—Question certified—Application allowed in part.
G.J. v. Canada (Public Safety and Emergency Preparedness) (IMM-8881-11, 2012 FC 1489, Mosley J., judgment dated December 18, 2012, 9 pp.)