The Federal Court reviewed IRCC’s refusal of a permanent
residence application by Makan Shamloo Gorjaee, his wife Khorshid Sarhadi, and
their two children under the Express Entry Program. The officer found Ms.
Sarhadi inadmissible as a danger to Canada’s security because of her work on an
Iranian synchrotron project. The Court granted judicial review because the
assessment relied on conjecture rather than compelling evidence.
Key Principle
A finding based on reasonable grounds to believe must have
an objective foundation supported by credible information. Decision-makers
cannot rely on theoretical possibilities or unsupported assumptions to conclude
that a person presents a danger to Canada’s security. Expert evidence cannot be
rejected solely because its authors know the applicant.
Background
The applicants are citizens of Iran who applied for
permanent residence in March 2019. From 2010 to 2019, Ms. Sarhadi worked at the
Institute for Research and Fundamental Sciences as head of the Radio Frequency
Group for the Iranian Light Source Facility Project.
The project involved constructing a synchrotron for
scientific research. IRCC raised concerns that particle accelerators could
produce fissile material or contribute to nuclear weapons. The applicants
responded with statements, legal submissions, Ms. Sarhadi’s curriculum vitae,
and letters from three scientists explaining that the project was peaceful and
could not support nuclear or military programs.
The officer nevertheless found Ms. Sarhadi inadmissible
under paragraph 34(1)(d) of the Immigration and Refugee Protection Act. The
other applicants were found inadmissible under section 42.
Court Findings
• Security Assessment Was Speculative
The articles relied on by the officer established only a
theoretical possibility that particle accelerators could be used for
non-peaceful purposes. They identified no example of a synchrotron producing
fissile material, nuclear weapons, or directed-energy weapons.
• Reasonable Grounds Standard Was Not Met
The officer failed to connect the general literature to
evidence showing that this facility or Ms. Sarhadi’s work posed a serious
threat. The conclusion lacked the objective evidentiary basis required by the
reasonable grounds standard.
• Expert Letters Were Unreasonably Discounted
The officer gave little weight to the scientists’ letters
because their authors had professional connections to Ms. Sarhadi. Those
relationships did not justify dismissing expert evidence without examining its
substance and reliability.
Outcome
The Federal Court granted judicial review, set aside the
inadmissibility decision, and remitted the permanent residence application to a
different IRCC officer for redetermination. The Court did not decide the
procedural fairness arguments. No question was certified, and no costs were
awarded.
Case Citation:
Shamloo Gorjaee v. Canada (Citizenship and Immigration), 2025 FC 1224 (CanLII)
Prepared by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst
