Federal Court


As long as applicant could not be open about health condition, he was danger to public

Application for judicial review of decision by Citizenship and Immigration Canada (“CIC”), whereby applicant was determined to represent danger to public in Canada pursuant to s. 115 of Immigration and Refugee Protection Act (Can.). Applicant was citizen of Zimbabwe who came to Canada in 2001 with assistance of Canadian woman he had met in Zimbabwe. Applicant subsequently tested positive for HIV in 2001, and subsequently admitted to having been HIV positive since 1995. Applicant entered into succession of relationships with women without disclosing his HIV status. Applicant was convicted on four counts of aggravated sexual assault and was sentenced to ten years of incarceration with credit for time he had spent in custody. Immigration Division issued deportation order against applicant based on his inadmissibility for serious criminality. In October 2009, Canada Border Services Agency issued warrant for applicant’s removal from Canada. In July 2012, officer from CIC determined that applicant had committed serious crime and constituted danger to public in Canada, pursuant to s. 115(2)(a) of Act. CIC concluded that applicant had made habit of hiding his health condition and that as long as he could not be open about it, he constituted danger to public. Application dismissed. Determinations of CIC that applicant presented danger to public in Canada, its risk assessment of applicant’s situation and its analysis of humanitarian and compassionate considerations were reasonable.

Mzite v. Canada

(Minister of Citizenship and Immigration) (Mar. 19, 2013, F.C., Simon Noël J., File No. IMM-7797-12) 226 A.C.W.S. (3d) 527.

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