Digests

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Decision Content

Citizenship and Immigration

Exclusion and Removal

Inadmissible Persons

Judicial review of immigration officer’s decision applicant inadmissible to Canada under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 34(1)(f), refusing application for permanent residence in Canada—Applicant, citizen of Pakistan, previously found to be Convention refugee on basis of membership, activities in Mohajir Qaumi Movement - Altaf Faction (MQM-A), student wing—Reference to Act, s. 34(1)(f) without further specificity linking, identifying acts of organization to ss. 34(1)(a), (b) or (c) patently unreasonable, grounds for review—Officer failing to link conclusion regarding MQM-A, student wing to ss. 34(1)(a), (b) or (c)—Officer’s analysis of witness’ relevant expertise together with rejection, without analysis, of other expert witness’ evidence further reviewable error—Substantive expert evidence put forward by respected counsel, on behalf of person such as applicant, deserving more thoughtful, comprehensive analysis if to be rejected—Application allowed.

Naeem v. Canada (Minister of Citizenship and Immigration) (IMM-2472-08, 2008 FC 1375, Gibson D.J., order dated December 16, 2008, 11  pp.)

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