CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Goven v. Canada (Minister of Citizenship and Immigration)
IMM-1740-01
2002 FCT 1161, Pinard J.
12/11/02
5 pp.
Judicial review of decision by Immigration Officer permanent residence could not be granted to applicant-- Applicant Kurd, citizen of Turkey--Convention refugee who applied for landing in March 1993--Processing of application delayed by background check executed by Canadian Security Intelligence Service--Formal complaint made to Security Intelligence Review Committee (SIRC) about delays in handling of applicant's background check--SIRC conducted hearing, issued report--Officer denied application for landing based on belief applicant member of Kurdistan Workers' Party (PKK)--Applicant submitting inter alia officer ignored relevant evidence by not considering decision of SIRC, applicant's statement with regard to fundraising for PKK--In her decision, officer made no mention of SIRC report-- Rejection of report should have been explained by her, given report result of lengthy, complex, official hearing which directly addressed issue of applicant's possible membership in PKK, reached conclusion opposite to that of officer-- Intervention of Court warranted--Application allowed.