Canada Immigration Case law Canada, Kawa, IMMIGRATION — Inadmissible and removable classes — Criminality

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IMMIGRATION — Inadmissible and removable classes — Criminality — Applicant was adult male citizen of Afghanistan — He left Afghanistan in 2004 and entered into United States on student visa — While in United States, applicant was charged and convicted of crime of obtaining prescription medicine by fraud and was ordered to be deported — Prior to enforcement of order, applicant fled to Canada — Applicant’s claim for refugee status was refused on basis of criminal ineligibility — First pre-removal risk assessment (PRRA) application was rejected but was returned for redetermination — At second PRRA, it was determined that applicant would not be subject to risk of persecution, danger of torture, usual treatment or punishment if returned to Afghanistan — Applicant applied for judicial review — Application granted — Officer set too high bar in saying that sufficient evidence must be given to persuade officer that safety would be unrealistic or unattainable — Applicant presented evidence as to number of factors which, if taken cumulatively, placed him within narrow group of persons likely to be subjected to death or cruelty — Officer was very selective in consideration given to those factors — Decision was unreasonable and it was set aside