Background
Suresh, a Convention refugee from Sri Lanka, applied for immigrant status in Canada. In 1995, the government rejected his application and ordered that he be deported on the basis that he was a security risk. The Canadian Security Intelligence Service (CSIS) had claimed that he was a supporter and fundraiser for the Liberation Tigers of Tamil Eelam, a terrorist group in Sri Lanka.
The Federal Court of Canada upheld the deportation order. Following this the Minister of Citizenship and Immigration issued an opinion that declared him a danger to the security of Canada under section 53(1)(b) of the Immigration Act and consequently should be deported. Suresh had been given an opportunity to present written and documentary evidence to the Minister, however, he was not provided with a copy of the memorandum of the immigration officer and he consequently was not provided with the opportunity to respond to the memorandum.
Due to this inability to respond Suresh applied for judicial review of the decision. He argued that:
- the Minister's decision was unreasonable;
- the procedures of the Immigration Act was unfair;
- the Immigration Act infringed sections 7, 2(b), and 2(d) of the Charter.
The application was dismissed by the Federal Court. On appeal, the Federal Court of Appeal upheld the decision of the Federal Court, Trial Division. The decision was then appealed to the Supreme Court.
Read more about this topic: Suresh V. Canada (Minister Of Citizenship And Immigration)
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