Hariendran v. Canada (Citizenship and Immigration), 2025 FC 1858 : Federal Court Reaffirms That Terrorism Inadmissibility Must Be Based on Reasonable Grounds, Not Assumptions

Introduction

The Federal Court reviewed IRCC’s refusal of a permanent residence application under the Family Class spousal sponsorship for Premananthan Hariendran. The refusal was based on a finding that he was inadmissible under paragraph 34(1)(f) of the Immigration and Refugee Protection Act (IRPA) due to membership in the Tamil Youth Organization in the UK (TYO-UK), allegedly linked to the proscribed terrorist entity, the Liberation Tigers of Tamil Eelam (LTTE). The Court found the officer’s assessment unreasonable and remitted the matter for redetermination.

Key Principle

The Federal Court reaffirmed that determinations of inadmissibility for association with terrorist organizations must be supported by reasonable grounds. Officers must provide a rational chain of analysis linking the evidence to the conclusion. Speculative or insufficiently supported inferences regarding organizational affiliation cannot justify a refusal.

Background

Mr. Hariendran, a Sri Lankan national and UK citizen since 2021, applied for permanent residence sponsored by his Canadian spouse. He disclosed past membership in the TYO-UK from 2009 to 2013 and ongoing participation through 2021. IRCC issued multiple Procedural Fairness Letters (PFLs) between December 2021 and December 2022 to disclose the evidence relied upon, including open-source articles linking TYO-UK to TYOs in other countries and to the LTTE.

On May 5, 2023, the officer concluded Mr. Hariendran was inadmissible under paragraph 34(1)(f) based on TYO-UK’s alleged affiliation with LTTE.

Court Findings

• Evidence Did Not Support LTTE Affiliation

The Court held that the cited open-source articles, including Dutch, Asian, and Canadian National Post sources, did not reasonably establish an affiliation between TYO-UK and the LTTE. Coordination between international TYOs noted in a 2012 article did not create a reasonable ground to conclude TYO-UK was an LTTE affiliate.

• Officer’s Decision Was Unreasonable

Justice Tsimberis found that the officer’s conclusion lacked justification, transparency, and intelligibility. There was no evidence directly linking TYO-UK to terrorist activities that could reasonably render Mr. Hariendran inadmissible.

• Consent on Additional Relief

The Minister consented to additional relief, including requesting updated submissions from Mr. Hariendran within two weeks and giving priority processing to the redetermination. The Court agreed this was appropriate.

Outcome

The Federal Court granted the application for judicial review, set aside the May 5, 2023 decision, and remitted the matter to a different officer for redetermination. The officer is to request updated submissions from Mr. Hariendran within two weeks and handle the matter on a priority basis. No costs were awarded.

Case Citation:

Hariendran v. Canada (Citizenship and Immigration), 2025 FC 1858 (CanLII)