EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Security

Law360 Canada ( January 29, 2025, 10:10 AM EST) -- Application by Abdelwahid for judicial review of the Immigration Division's ("ID") decision finding him inadmissible for being a member of an organization reasonably believed to be engaged in or instigated the subversion by force of any government. The Applicant, a citizen of Egypt, entered Canada on a Temporary Resident Visa ("TRV") and subsequently claimed refugee protection. He claimed to have served in the Egyptian military from 1993 to 2017. The Minister of Public Safety and Emergency Preparedness initiated admissibility proceedings, alleging Abdelwahid's membership in the Egyptian military, which had engaged in subversion by force during the 2013 coup against Egypt's democratically elected government. Abdelwahid argued that the Egyptian military comprised two distinct organizations: operational and administrative. He served only in the administrative branch, which was not involved in the coup. He also contended that his admissibility should be considered res judicata, as he had previously been granted TRVs after disclosing his military background. The ID rejected the res judicata argument, citing the Federal Court's decision in Valle Lopes v. Canada, which clarified that the issuance of a permit or status by the immigration authorities did not constitute a judicial decision necessary to invoke res judicata. The ID also found no credible evidence to support the claim that the Egyptian military was divided into two separate organizations. It concluded that Abdelwahid's membership in the military during which the military engaged in subversion, rendered him inadmissible....
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