Federal Appeal


Immigration

OFFENCES
Only by assuming guilt by association could director conclude applicant committed offence

Director denied applicant passport services for five years because he knowingly organized, induced, aided or abetted wife to travel using counterfeit New Zealand passport. Applicant applied for judicial review. Application was granted. Attorney General appealed. Appeal dismissed. Federal Court erred in finding that director acted in procedurally unfair manner by failing to put alleged offence to applicant for response because it was put to him. However, facts relied on by director could not lead to conclusion that applicant committed offence under s. 117 of Immigration and Refugee Protection Act (Can.). None of facts positively supported finding that applicant used his passport to knowingly aid, organize, induce or abet wife to come to Canada with counterfeit passport. Only by unreasonably assuming guilt by association could director conclude from facts alone that applicant committed s. 117 offence. Director disbelieved what applicant told him but disbelief, without more, did not support finding that applicant committed offence.

Dias v. Canada (Attorney General) (Sep. 10, 2014, F.C.A., Pelletier J.A., David Stratas J.A., and Webb J.A., File No. A-102-14) Decision at 236 A.C.W.S. (3d) 989 was affirmed.  245 A.C.W.S. (3d) 183.

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