Canada Immigration Case law Afridi v Canada, Inadmissible and removable classes — Terrorism

Judgement of this Case: Click Here!

IMMIGRATION — Inadmissible and removable classes — Terrorism — Applicant was Mohajir citizen of Pakistan — In 1990, applicant joined All Pakistani Mohajir Student Organization, which was student wing of Muttahida Quami Movement (“MQM”) — In 1992, MQM split into two factions — Applicant chose to join MQM-A, which was subject to intense government repression — In 1992 applicant was arrested and beaten by Pakistani intelligence officers for his involvement in protest that he helped organize — Applicant was arrested by police in 1998 — He said that he was questioned, beaten, and threatened with death if he did not assist the police as informer — He was freed after family paid bribe — After his release, applicant made his way to Canada, where he contacted Toronto branch of MQM-A — He ended his involvement with MQM-A in 2001 — Applicant claimed refugee protection shortly after arriving in Canada — In 2003, immigration officer found applicant was inadmissible to Canada, because of his involvement in MQM-A, which organization was believed to have engaged in terrorism — His application for relief from his inadmissibility was denied in 2007 and in 2012 — Applicant sought judicial review of most recent decision — Application dismissed — Minister had information before him that could have supported granting of Ministerial relief, and other information that militated against granting of such relief to applicant — Minister weighed that competing information and was not satisfied that presence of applicant in Canada would not be detrimental to national interest — That was conclusion that was reasonably open to Minister on record before him