Federal court | Citizenship
OFFENCES
Sufficient evidence that applicant attempted to organize, induce, aid or abet coming into Canada of imposter
Applicant was Canadian citizen. In 2010, he took business trip to Belgium and Germany with his friend and business partner, L. Their travel was routed through Istanbul, Turkey. Turkish authorities did not allow L to board plane due to a belief he was imposter. L was returned to Germany. Citizenship and Immigration Canada (“CIC”) investigated and concluded that L was being impersonated by another individual using L’s Canadian passport. In 2012, CIC revoked applicant’s passport and denied him access to another passport until 2015, after concluding applicant had used his passport while acting as escort to assist unidentified individual unlawfully using L’s passport to board flight to Canada. Applicant sought judicial review of CIC decision. Application dismissed. CIC had jurisdiction to revoke applicant’s passport and deny him passport services on basis that he committed act that would constitute indictable offence if committed in Canada. Under s. 10(2)(b) of Canadian Passport Order, meaning of word “committed” did not require conviction as precondition to revocation of passport, as mere commission of act that constituted offence was sufficient. There was sufficient evidence for CIC to reach conclusion that applicant attempted to organize, induce, aid or abet coming into Canada of imposter. CIC made no reviewable error in its assessment of evidence. Applicant was accorded procedural fairness. Evidence disclosed to applicant was information CIC relied on to make its decision and that information was sufficient to support CIC’s conclusion.
Gomravi v. Canada (Attorney General) (Apr. 17, 2015, F.C., Martine St-Louis J., File No. T-499-14) 253 A.C.W.S. (3d) 774.
Sufficient evidence that applicant attempted to organize, induce, aid or abet coming into Canada of imposter
Applicant was Canadian citizen. In 2010, he took business trip to Belgium and Germany with his friend and business partner, L. Their travel was routed through Istanbul, Turkey. Turkish authorities did not allow L to board plane due to a belief he was imposter. L was returned to Germany. Citizenship and Immigration Canada (“CIC”) investigated and concluded that L was being impersonated by another individual using L’s Canadian passport. In 2012, CIC revoked applicant’s passport and denied him access to another passport until 2015, after concluding applicant had used his passport while acting as escort to assist unidentified individual unlawfully using L’s passport to board flight to Canada. Applicant sought judicial review of CIC decision. Application dismissed. CIC had jurisdiction to revoke applicant’s passport and deny him passport services on basis that he committed act that would constitute indictable offence if committed in Canada. Under s. 10(2)(b) of Canadian Passport Order, meaning of word “committed” did not require conviction as precondition to revocation of passport, as mere commission of act that constituted offence was sufficient. There was sufficient evidence for CIC to reach conclusion that applicant attempted to organize, induce, aid or abet coming into Canada of imposter. CIC made no reviewable error in its assessment of evidence. Applicant was accorded procedural fairness. Evidence disclosed to applicant was information CIC relied on to make its decision and that information was sufficient to support CIC’s conclusion.
Gomravi v. Canada (Attorney General) (Apr. 17, 2015, F.C., Martine St-Louis J., File No. T-499-14) 253 A.C.W.S. (3d) 774.
