Mirmahaleh v. Canada (Minister of Citizenship and Immigration)

• Jurisdiction: Federal Jurisdiction (Canada)
• Court: Federal Court (Canada)
• Judge: Gascon, J.
• Citation: 2015 FC 1085,[2015] F.T.R. TBEd. SE.061
• Date: 03 September 2015

Mirmahaleh v. Can. (M.C.I.), [2015] F.T.R. TBEd. SE.061

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[English language version follows French language version]

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Temp. Cite: [2015] F.T.R. TBEd. SE.061

Roghayeh Azizi Mirmahaleh (partie demanderesse) v. Le Ministre de la Citoyenneté et de l'Immigration (partie défenderesse)

(IMM-1484-15; 2015 CF 1085; 2015 FC 1085)

Indexed As: Mirmahaleh v. Canada (Minister of Citizenship and Immigration)

Federal Court

Gascon, J.

September 16, 2015.

Summary:

Mirmahaleh was an Iranian citizen who claimed refugee protection in Canada on the basis of alleged persecution by the Iranian authorities because of her political activities in support of the Mujahedin-e-Khalq (MEK). The Immigration and Refugee Board of Canada (tribunal) ruled that she was inadmissible to Canada because of her membership in a group that there were reasonable grounds to believe engaged in acts of terrorism (Immigration and Refugee Protection Act, s. 34(1)(f)). Mirmahaleh applied for judicial review. At issue was whether the tribunal erred in concluding that the MEK was a terrorist organization, in its assessment of Mirmahaleh's membership in the MEK, or by shifting the burden of proof from the Minister to Mirmahaleh in its analysis.

The Federal Court dismissed the judicial review application. The tribunal's decision was reasonable and fell within the range of possible, acceptable outcomes in the circumstances. Its findings on both the terrorist nature of the MEK and Mirmahaleh's membership in the group were supported by the evidence in the record. Moreover, when read as a whole, the decision in no way reflected a shift of the burden of proof to Mirmahaleh.

Aliens - Topic 1747

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Members of a subversive, espionage or terrorist organization - See paragraphs 15 to 39.

Aliens - Topic 1842

Exclusion and expulsion - Immigration and Refugee Board (all divisions) - Standard of review - See paragraphs 15 to 17.

Counsel:

Stéphanie Valois, for the applicant;

Émilie Tremblay, for the respondent.

Solicitors of Record:

Valois et Associés, Counsel, Montreal, Quebec, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Montreal, Quebec, for the respondent.

This application was heard in Montreal, Quebec, on September 3, 2015, before Gascon, J., of the Federal Court, who delivered the following decision in Ottawa, Ontario, on September 16, 2015.