Ø Introduction
The Federal Court reviewed an Immigration Appeal Division
(IAD) decision finding the applicant inadmissible under section 34 of the IRPA
for membership in the Shining Path, a terrorist organization.
The Court overturned the decision because the IAD relied on
weak and unreliable evidence and failed to establish an objective basis for its
conclusion that there were reasonable grounds to believe the applicant was a
member of the organization.
Ø Key Principle
The “reasonable grounds to believe” standard requires
more than suspicion or conjecture. It requires an objective basis supported by credible
and compelling information.
Where evidence relied upon to establish terrorist membership
has been excluded or seriously undermined, the remaining evidence must
independently establish reasonable grounds to believe in membership.
A general finding that an applicant lacks credibility
cannot, by itself, establish membership in a terrorist organization without
reliable evidence connecting the applicant to that organization.
Ø Background
The applicant, a Peruvian citizen, was arrested in 1993 and
convicted of treason by a military tribunal. The government alleged that the
conviction related to his membership in the Shining Path.
The Immigration Division found that the applicant’s
incriminating statement had been obtained through torture and therefore could
not support the inadmissibility finding. It also gave little weight to other
evidence, including a book by Colonel Benedicto Jiminez and a newspaper article
reporting allegations made by Peruvian authorities.
The IAD nevertheless reversed the Immigration Division’s
decision and found that the applicant was inadmissible. It relied primarily on
the newspaper article, the book, and negative credibility findings.
Ø Court Findings
The Federal Court found that the IAD’s decision was
unreasonable.
The Court emphasized that reasonable grounds to believe
are more than reasonable suspicion. The evidence must provide an objective
basis supported by credible and compelling information.
The Court found that the La Republica article merely
reported allegations made by Peruvian authorities at a press conference. It did
not independently establish that the alleged terrorist activities had actually
occurred or that the applicant was a member of the Shining Path.
The Court also found significant problems with the book
relied upon by the IAD. Its source, publication date, information sources, and
authorship were unclear, it contained numerous pseudonyms, and the author had
previous defamation convictions. The IAD had not adequately explained why the
book should be considered credible and compelling evidence.
Most importantly, the Court found that the IAD’s general
credibility concerns did not establish terrorist membership. Without reliable
evidence connecting the applicant to the organization, the decision amounted to suspicion rather than reasonable grounds to believe.
Ø Outcome
The Federal Court allowed the application for judicial
review and returned the matter to a differently constituted IAD panel for
redetermination.
Case Citation:
Cacha Collas v. Canada (Citizenship and Immigration), 2016 FC 820 CanLII
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





