Federal Court


Immigration

EXCLUSION AND EXPULSION
Fair reading of report left people feeling applicant was ticking time bomb

Applicant had been permanent resident since 1991, after being found refugee from Ethiopia. Applicant was sentenced to six and one-half years’ imprisonment after being convicted of incest on older daughter and assault on younger daughter and was ordered deported upon release. In danger opinion, delegate noted crimes were serious, with incest on older daughter for seven years and multiple assaults including blows to head on younger daughter. Applicant denied incest and assaults and insisted he was disciplining children. Applicant expressed no remorse and refused treatment. Psychologist opined applicant was low to moderate risk to re-offend and diagnosed pedophilia. Delegate concluded applicant was danger to public without treatment, and continued denial and lack of remorse prevented his rehabilitation. Application by judicial review of danger opinion. Application dismissed. Delegate did not ignore fact applicant had not re-offended for twelve years and fact he did not place as much emphasis on this factor as applicant would have liked did not render decision unreasonable. Delegate, not psychologist, had burden of assessing risk and was entitled to deference for decision that was reasonable as a whole. Fair reading of psychologist’s report would have left many reasonable people with feeling applicant was a ticking time bomb.

Yalemtesfa v. Canada (Minister of Citizenship and Immigration) (Dec. 13, 2013, F.C., Michael L. Phelan J., File No. IMM-1201-13) 236 A.C.W.S. (3d) 449.

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