Ion v. Canada (Citizenship and Immigration), 2015 FC 746 : Organized Criminality Finding Upheld Based on Applicant’s Role in a Criminal Group

The Federal Court reviewed a deportation order issued against a permanent resident who had been found inadmissible for organized criminality under section 37(1)(a) of the IRPA.

The applicant had pleaded guilty to attempted robbery-related offences and had acted as a driver during criminal operations.

The Federal Court upheld the inadmissibility finding.

Key Principle

For organized criminality inadmissibility, immigration authorities do not need proof beyond a reasonable doubt.

The applicable standard is reasonable grounds to believe, which is more than mere suspicion but less than the civil balance of probabilities.

A criminal organization does not need a formal name, hierarchy, or structure. A loosely organized group may still qualify if its members act together according to an established pattern of criminal activity.

Background

The applicant was a Romanian citizen who became a Canadian permanent resident in 2005.

In 2012, he pleaded guilty to three counts involving attempted robbery of credit cards.

The Immigration Division later found that he had participated in activities connected to a criminal organization and issued a removal order.

The evidence showed that the group operated in small cells, used a common method of distracting victims to steal debit and credit cards, and acted together repeatedly.

Court Findings

The Federal Court found that the Immigration Division reasonably concluded that the group qualified as a criminal organization.

The absence of a formal name or organizational structure did not prevent that finding because the group operated according to an established criminal method.

The Court also upheld the finding that the applicant had personally engaged in the organization’s activities.

He had acted as a driver in two attempted robberies, and the Immigration Division considered that role important because transportation was necessary to carry out the group’s activities.

The applicant’s guilty plea was also significant evidence supporting the finding that he had participated in the criminal conduct.

sOutcome

The Federal Court dismissed the application for judicial review and upheld the organized criminality inadmissibility finding.

The case shows that a person does not need to hold a formal position in a criminal group to face inadmissibility. Participation in a recurring criminal operation, including a facilitating role, may be sufficient.

Case Citation:

Ion v. Canada (Citizenship and Immigration), 2015 FC 746 CanLII