Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of refusal of Second Secretary of Canadian High Commission in Nairobi to accept principal applicant’s application for permanent residence in Canada on grounds applicant senior official in service of government of Somalia in violation of Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 35(1)(b), Immigration and Refugee Protection Regulations, SOR/2002-227, s. 16—Government of Somalia designated regime found to have committed acts of terrorism, human rights violations, genocide, war crimes or crimes against humanity—Applicant Director of Human Resources in Ministry of Planning in Somalia—Officer interviewing applicant not engaging in any analysis of applicant’s position in hierarchy of government, of actual responsibilities—Not following Citizenship and Immigration Canada’s ENF 18 War crimes and crimes against humanity guidelines, s. 8.2—Not providing any relevant authority for criteria used to make decision on seniority—Decision, material not revealing whether applicant sufficiently senior to warrant exclusion—While Officer having broad discretion on matter, discretion not free-floating, cannot be exercised without relevant analysis, connection to authority, precedent—Application allowed.
Yahie v. Canada (Minister of Citizenship and Immigration) (IMM-5267-07, 2008 FC 1319, Russell J., judgment dated November 26, 2008, 21 pp.)