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
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





