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Three-year passport suspension set aside for failing to proportionately balance mobility rights and program objectives.
The applicant sought judicial review of a decision revoking his passport and imposing a three-year suspension of passport services for providing false or misleading information on his application.
The Federal Court found the conclusion regarding false information reasonable, as the applicant failed to declare a former surname and a previous travel document.
The procedural fairness and Charter section 12 arguments were dismissed.
However, the Court granted the application in part, finding the three-year suspension unreasonable because the decision failed to proportionately balance the applicant's section 6 Charter mobility rights against the objectives of the Passport Program, particularly given his specific business travel needs.
The matter was remitted for reconsideration of the suspension period.
