6 June 2011
Terrorist Links Keep Refugees in Limbo
The Federal Court of Appeal in Ottawa recently reversed a decision by a lower court and denied a judicial review application by a failed refugee claimant by the name of Muhsen Ahmed Ramadan Agraira due to his membership in the Libyan National Salvation Front. On the surface, this may seem like a common case of inadmissibility on security grounds; however, the significance of the decision will make immigration a more difficult process for others who have any sort of link to terrorist groups.
There are many other cases where refugee claimants have been declined immigration status due to their tenuous involvement in terrorist groups. The Federal Court reaffirmed the discretionary authority of the Minister of Public Safety in granting relief to those deemed inadmissible. It is not necessary for the Minister to look at humanitarian factors in the process.
The ruling has given power to Canada’s immigration law to regard anyone who has knowledge of the nature of the group or an objective manifestation of participation in group affairs to be questioned under the law. The individual does not need to personally commit terrorist acts nor be involved in the management of such acts and groups.