The applicant sought judicial review of an Immigration Division decision finding him inadmissible to Canada under s. 34(1)(f) of the Immigration and Refugee Protection Act for being a member of the Kurdish Democratic Party (KDP), an organization the ID found engaged in subversion by force of the Iraqi government until 2003.
The applicant argued the ID failed to consider the KDP's fundamental transformation into a legitimate political party post-2003, which constitutes an exception to the irrelevance of a temporal connection between membership and subversion.
The Federal Court held the ID's decision was unreasonable for failing to address this exception and the KDP's transformation.
