EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Human or international rights violations

Law360 Canada (January 17, 2023, 6:37 AM EST) -- Applications for judicial review of two virtually identical humanitarian and compassionate (H&C) decisions refusing the Applicants’ applications for permanent residence. The Applicants, Naredo and Salazar, were citizens of Chile who came to Canada as a married couple and claimed refugee protection. Since that time, over four decades, the Applicants sought to regularize their status in Canada. While in Chile, the Applicants were members of the intelligence and security branch of the Chilean police force. The Officer found that Dirreccion de Inteligencia de Carbineros (DICAR) was an organization that committed crimes against humanity and that the Applicants were complicit in DICAR’s activities. The Officer further found that actions taken by the Applicants while they were members of DICAR far outweighed the H&C factors cited by the Applicants. Consequently, the Officer concluded that a waiver of the Applicants’ inadmissibility was not justified. The Applicants submitted that the Officer breached procedural fairness by not advising the Applicants that inadmissibility was being contemplated in the context of the H&C applications. The Respondent submitted that there was no basis for the Applicants’ allegation that the Officer failed to advise them....
LexisNexis® Research Solutions

Related Sections