EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Requirement of reasonable grounds

Law360 Canada (November 17, 2023, 6:55 AM EST) -- Application by Ramazanzadeh for judicial review of Immigration Division’s (ID) decision finding him to be inadmissible to Canada. The applicant was a Kurdish citizen of Iran. He arrived in Canada and sought refugee protection. He feared political persecution in Iran. However, the ID found out that the applicant had been a member of the Kurdish Democratic Party of Iran (KDP-I), a group alleged to have been associated with acts of subversion against the Iranian government. The applicant submitted that the ID erred in finding him to be a member of the KDP-I, and by confusing the KDP-I with a different organization, the Iranian Kurdistan Democratic Party (KDP). Ramazanzadeh asked that the ID’s decision be quashed and that another panel reconsider the question of his inadmissibility to Canada. The respondent, however, urged the ID to find that the applicant was inadmissible to Canada. The respondent alleged there were reasonable grounds to believe that Ramazanzadeh had been a member of an organization that engaged in or instigated the subversion by force of the government of Iran. The ID concluded that the KDP and the KDP-I were the same organization. Since the KDP-I and the KDP were the same organization, the applicant was also a member of the KDP. As such, the applicant was inadmissible to Canada....
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