[2012] 2 F.C.R. D-5
Citizenship and Immigration
Exclusion and Removal
Removal of Permanent Residents
Application for stay of removal filed by applicant following Minister of Citizenship and Immigration delegate’s decision applicant not allowed to remain in Canada on basis of nature, severity of acts committed, pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 115(2)(b)—Applicant, Rwandan ex‑politician, inciting to murder, genocide. hatred against Tutsi ethnic group in speech—Delegate finding, in particular, that applicant’s removal to Rwanda not causing unusual or undeserved hardship, Rwandan government would respect his rights—Applicant not demonstrating existence of serious issue to be tried by Court—Inter alia, applicant’s conviction by final judgment not required under United Nations Convention Relating to the Status of Refugees to justify exception to principle of non-refoulement in s. 115(2)(b)—Important to keep in mind, inadmissibility proceedings falling within civil law not criminal law, to understand that Parliament’s intent not to lead decision maker to determine individual’s guilt but individual’s admissibility under legal test decision maker required to apply—Applicant also not demonstrating serious harm—Reasonable to believe in good faith of Rwandan government, to find that rights of individuals charged with participating in genocide will be respected, they will not be persecuted—Finally, balance of convenience favouring Minister—Integrity, fairness of, public confidence in Canada's system of immigration control predominating—Application dismissed.
Mugesera v. Canada (Citizenship and Immigration) (IMM-9680-11, 2012 FC 32, Shore J., judgment dated January 11, 2012, 27 pp.)