Citizen tried to use fake passport to aid his sister in entering Canada illegally

Federal court | Immigration

OFFENCES

Citizen tried to use fake passport to aid his sister in entering Canada illegally

Canadian citizen originally from Sri Lanka was employed as flight attendant. Citizen’s sister in Sri Lanka called citizen saying that she was running from police there and needed his help. Citizen flew to Malaysia where he learned sister had fake Canadian passport. Citizen met sister in Laos and flew with her to Tokyo. When sister attempted to get boarding pass in Tokyo to fly to Canada, ticket agent reported suspicious passport to officials and passport was confirmed to be fake. Sister was deported from Japan to Sri Lanka. Director of Investigations Division Passport Integrity Branch found that citizen committed indictable offence outside of Canada by facilitating or aiding entry of his sister without proper documentation. Director revoked citizen’s passport for three year period pursuant to s. 10(2)(b) of Canadian Passport Order. Director did not identify exact section number in reasons but did state what offence was and facts used when Director found citizen had committed offence. Citizen applied for judicial review, contending that decision was not reasonable as reasons were vague and specific offence that he was found to have committed was not identified by section number in reasons and as result until judicial review he did not know exact offence that he was found to have committed. Application dismissed. There was no breach of principles of natural justice as citizen was given opportunity to respond to all facts gathered in investigation, and he did respond. Director considered citizen’s submissions before decision was made. There was no disagreement citizen tried to use fake passport to aid his sister in entering Canada illegally. It would have been preferable if actual number of section had been used by Director but it was not fatal in this case.
De Hoedt v. Canada (Minister of Citizenship and Immigration) (Aug. 29, 2014, F.C., Glennys L. McVeigh J., File No. T-1859-13) 245 A.C.W.S. (3d) 911.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Refugee lawyers speak out on federal election campaign rhetoric

Employees of Aboriginal Legal Services join major union

Pro Bono Ontario to rename Ottawa help centre after David Scott

Chasm in opinions remains after statement of principles repeal

Most Read Articles

New equality measure approved by Law Society of Ontario as the statement of principles gets repealed

Judges call out lack of support for legal aid, pro bono amid MAG presence

Chasm in opinions remains after statement of principles repeal

Law students, paralegals can continue working on the same summary conviction matters