Canada (Citizenship and Immigration) v. Kljajic, 2020 FC 570 : Court Finds Citizenship Obtained Through Knowing Concealment and Declares Former Senior Bosnian Serb Official Inadmissible for Human Rights Violations

The Ministers of Citizenship and Immigration and Public Safety sought declarations against Cedo Kljajic under the Citizenship Act and the Immigration and Refugee Protection Act. Kljajic had obtained permanent residence in Canada in 1995 and citizenship in 1999, but had failed to disclose his senior policing career in Bosnia, including his position as Under-Secretary for Public Security of the Bosnian Serb Ministry of Internal Affairs during the Bosnian War. The Federal Court concluded that he knowingly concealed material circumstances and was inadmissible under paragraphs 35(1)(a) and 35(1)(b) of the IRPA.

Key Principle

For citizenship revocation based on false representation, fraud, or knowing concealment, the Minister need not prove that the application would certainly have been refused if the truth had been disclosed. It is sufficient to establish that the deception likely foreclosed or averted further inquiries into circumstances material to the application. Knowing concealment requires an intention to hide information from immigration authorities, but does not include innocent mistakes or inadvertent omissions.

Background

Kljajic had a lengthy career in the Bosnian police. During the Bosnian War, he became Under-Secretary for Public Security of the Ministry of Internal Affairs of the Bosnian Serb Republic. He held a senior position within an organization later found to have committed widespread crimes against non-Serb civilians.

When applying for permanent residence as a refugee, Kljajic did not disclose his police career, his senior position, or his residence in Bosnia during critical months of the conflict. He instead provided information that concealed those aspects of his history. The Court found that disclosure of those facts would either have resulted in his application being screened out or would have triggered substantial further investigation.

Court Findings

• Knowing Concealment Was Established

The Court found that Kljajic deliberately concealed his police career, his senior position with the RS MUP, and his whereabouts during the war. His explanation that he feared harm did not negate the inference that he intentionally withheld the information from Canadian authorities. The Court distinguished deliberate concealment from innocent errors, translation mistakes, or genuinely inconsequential omissions.

• Materiality Did Not Require Proof the Application Would Have Failed

The Ministers did not have to prove that Kljajic would definitely have been refused permanent residence. The concealment was material because it prevented further inquiries into possible involvement in genocide, war crimes, crimes against humanity, and his status as a senior official of the Bosnian Serb government.

• Inadmissibility Under Paragraph 35(1)(b)

The Court held that a person who falls within the prescribed category of senior officials serving a government engaged in systematic or gross human rights violations may be inadmissible by virtue of holding that position. The Court rejected the argument that Ezokola required proof of personal complicity for paragraph 35(1)(b), finding that Ezokola concerned a different legal context.

• Complicity Under Paragraph 35(1)(a)

The Court also found reasonable grounds to believe that Kljajic was complicit in crimes against humanity. He voluntarily occupied a senior position, participated significantly in the establishment and functioning of the RS MUP, exercised authority, and likely knew of crimes committed by the organization. His contribution was sufficiently significant and knowing to establish the required link to the organization’s criminal purpose.

Outcome

The Court granted the requested declarations. It declared that Kljajic obtained permanent residence and subsequently Canadian citizenship through false representation, fraud, or knowing concealment of material circumstances. It also declared him inadmissible under paragraphs 35(1)(a) and 35(1)(b) of the IRPA. No question of general importance was certified, and costs of $27,176.72 were awarded to the Ministers.

Case Citation:

Canada (Citizenship and Immigration) v. Kljajic, 2020 FC 570 (CanLII), [2020] 3 FCR 317