[2011] 2 F.C.R. D-13
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Application seeking order of prohibition preventing Minister of Citizenship and Immigration (Minister) from proceeding with admissibility hearing—Applicant, citizen of El Salvador, former member of protest group Ligas Populares 28 de Febrero (LP‑28), granted refugee status in 1988—While involvement in LP‑28 raising concerns at outset, Canadian Security Intelligence Service (CSIS) stating that applicant not inadmissible to Canada on security grounds in 1989 assessment—Applicant’s permanent residence application later suspended following criminal conviction—Application reactivated in 2001—Citizenship and Immigration Canada (CIC) finding that applicant former member of LP‑28, recommending applicant’s inadmissibility in Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 44(1) report issued in 2009—Whether admissibility hearing should proceed given that Minister aware of relevant information for 22 years—In case at bar, even leaving aside decade when application for permanent residence suspended as result of criminal conviction (1991–2001), delay inexcusable—No new information coming to light with respect to LP‑28, alleged relationship with other organizations—Nothing in record to indicate that CSIS wrong in its analysis—Concerns expressed by CIC 14 years later without explanation or justification capricious—Passage of time prejudicial to applicant’s defence, ability to locate witnesses—Applicant in better position to lead evidence as to involvement with LP‑28 20 years ago—Wrong for Government to keep information up its sleeve for 20 years, to re-assess same information analysed by CSIS in 1989—Applicant’s opportunity to answer case against him lost—Issuing opinion in 2009 that applicant inadmissible abusive considering that authorities aware of applicant’s situation for 22 years—Application allowed.
Beltran v. Canada (Citizenship and Immigration) (IMM-3201-10, 2011 FC 516, Harrington J., judgment dated May 4, 2011, 18 pp.)