CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Inadmissible Persons
Applicant, citizen of El Salvador, entered Canada in 1992 as permanent resident—Since then, convicted of series of criminal offences—Judicial review of Immigration and Refugee Board, Refugee Protection Division decision applicant inadmissible pursuant to Immigration and Refugee Protection Act, s. 37(1)(a) (applicant member of Peruvian criminal organization operating in Canada), and ordering deportation—Issue whether applicant’s right to fair hearing violated by non-disclosure of information, documents requested before, during hearing—Application dismissed— Admissibility hearing under Act, s. 44 determined on basis of reasonable ground pursuant to Act, s. 33—“Reasonable grounds to believe” recently defined in Thanaratnam v. Canada (Minister of Citizenship and Immigration), [2004] 3 F.C.R. 301 (F.C.)—Requirements of procedural fairness varying with circumstances—Under Act, s. 86(1), Minister may make application for non-disclosure of information; determination made in accordance with Act, s. 78— Application allowed if information injurious to national security or to safety of any person—Sogi v. Canada (Minister of Citizenship and Immigration), [2005] 1 F.C.R. 171 (F.C.A.) applied—In letter dated September 18, 2003, applicant requested information regarding offences convicted of; personal information about accomplices; information on police investigation—Applicant provided with all relevant information about offences—Some documents concerning accomplices not provided for confidentiality reasons: Privacy Act, s. 7—Information on police investigation not provided because of ongoing investigation, but applicant provided with summary of investigation of activities in relation to Peruvian organization—Applicant aware of case against him— Information requested while expert witness on stand rightfully denied in order not to jeopardize investigation: R. v. Durette, [1994] 1 S.C.R. 469—No reviewable error made—Defendant had necessary information to defend himself—Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 33, 44, 37(1)(a), 78 (as am. by S.C. 2005, c. 10, s. 34(E)), 86(1)—Privacy Act, R.S.C., 1985, c. P-21, s. 7.
Aguillar v. Canada (Minister of Citizenship and Immigration) (IMM-10274-03, 2005 FC 152, Beaudry J., order dated 7/2/05, 20 pp.)