[2017] 4 F.C.R. D-5
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of Immigration and Refugee Board, Immigration Division (ID) decision finding applicants inadmissible pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 36(1)(b) — Issue before ID whether applicants convicted in Romania of offence that, if committed in Canada, would constitute offence in Canada punishable by maximum term of imprisonment of at least 10 years — ID finding equivalence between criminal statutory provision for deceit in Romania, Criminal Code, R.S.C., 1985, c. C-46, s. 380(1)(a) — ID reasonably concluding that mens rea, actus reus featuring in both provisions — Applicant arguing ID failing to properly address issue of mens rea because equivalency analysis not conducted with respect to convictions in absentia in Romania and Canada — Whether ID decision unreasonable — Applicant placing in absentia argument before ID for consideration, determination — No such thing decided in Arnow v. Canada (Minister of Employment and Immigration), [1981] F.C.J. No. 1162 (C.A.) (QL) — ID required to render decision upon consideration of in absentia argument — ID’s decision set aside, matter referred back for redetermination — Application allowed.
Smith v. Canada (Immigration, Refugees, and Citizenship) (IMM-4394-16, 2017 FC 505, Campbell J., judgment dated May 16, 2017, 7 pp.)