Canada Immigration Caselaw, Concepcion v. Canada, IMMIGRATION — Inadmissible and removable classes — Criminality

Editorial Canada Immigration, Caselaws, Criminality, Inadmissible and removable classes 643 Comments

 

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IMMIGRATION — Inadmissible and removable classes — Criminality — Applicant wished to sponsor her husband for permanent residence — Husband was found to be inadmissible for having committed crimes against humanity because he was complicit in army’s crimes by having been aware of them and contributing to them by facilitating transmission of communications — Applicant sought judicial review — Application granted — Another visa officer was ordered to reconsider question of admissibility — Visa officer applied incorrect definition of inadmissibility — Test required proof of significant contribution to international crime — Visa officer found that association with international crime group would amount to complicity if person knew about and acquiesced in group’s activities, but such standard could no longer be applied

Concepcion v. Canada (Minister of Citizenship and Immigration) (May 16, 2016, James W. O’Reilly J., Federal Court) 266 A.C.W.S. (3d) 709

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