Guillaume Cliche-Rivard

The applicant, a citizen of Ukraine and former member of the KGB and SBU, applied for a temporary resident visa to visit his family in Canada.

An immigration officer refused the application under s. 34(1)(f) of the IRPA, finding reasonable grounds to believe he is inadmissible due to his membership in organizations that engaged in subversion.

The applicant sought judicial review, alleging procedural unfairness and arguing the decision was unreasonable given an academic opinion stating the SBU did not commit espionage against Canada.

The Federal Court dismissed the application, finding no procedural unfairness as the applicant was informed of the concerns and given an opportunity to respond.

The Court also held the officer's decision was reasonable, as the officer had considered the academic opinion but found it less probative than other evidence, and the applicant did not challenge the conclusions regarding his SBU membership with respect to subversion.

The applicant, a permanent resident, sought judicial review of an IAD decision that confirmed a visa officer's refusal to issue a travel document due to his failure to meet the residency obligation.

The applicant had been absent from Canada primarily to care for his ill father.

The IAD determined that there were insufficient humanitarian and compassionate grounds to warrant special relief.

The Federal Court found the IAD's decision reasonable, noting that the tribunal adequately considered the applicant's degree of establishment in Canada, his reasons for being absent, and the applicable legal tests.