| Citation: |
Agraira v. Canada (Minister of Public Safety and Emergency Preparedness), 2009 FC 1302, [2010] 1 F.C.R. D-6 |
IMM-1728-09 |
CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Inadmissible Persons
Judicial review of decision by Minister of Public Safety and Emergency Preparedness denying application for ministerial relief under Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), s. 34(2)—Applicant, citizen of Libya, unsuccessfully seeking refugee protection on basis of membership in Lybian National Salvation Front (LNSF)—Applicant subsequently sponsored by Canadian born wife, filing application for permanent residence—Applicant found to be inadmissible to Canada on security grounds under IRPA, s. 34(1)(c) for being member of LNSF—Applicant thus applying for ministerial relief, Canada Border Services Agency recommending that relief be granted pursuant to IRPA, s. 34(2) as not enough evidence to conclude applicant’s presence in Canada would be detrimental to national interest—Minister denying relief, concluding that not in national interest to admit individuals who have had sustained contact with known terrorist, terrorist-connected organizations—Appendix D of Citizenship and Immigration Canada’s Inland Processing Manual (IP), Chapter IP 10: Refusal of National Security Cases/ Processing of National Interest Requests setting out five questions to be examined where Minister denying relief contrary to CBSA recommendation—Minister failing to address these questions, balance factors identified in prior decisions as relevant to determination of what is in “national interest”—Application allowed—Question certified as to whether Minister having to consider specific factors in assessing whether foreign national’s presence in Canada contrary to national interest.
Agraira v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-1728-09, 2009 FC 1302, Mosley J., judgment dated December 23, 2009, 12 pp.)