The federal government has failed in its first attempt to have one of the 492 MV Sun Sea migrants removed from the country.
At a hearing before the Immigration and Refugee Board on Feb. 11, a representative for the Canada Border Services Agency argued that one of the Tamil migrants should be denied admissibility to Canada on security grounds because he was a member of the Liberation Tigers of Tamil Eelam or Tamil Tigers, a group that is banned in Canada.
But in a decision dated Feb. 28 and released to reporters late Sunday night, IRB adjudicator Marc Tessler wrote that while the migrant had lived and worked for a time in an LTTE-controlled area, the evidence did not show that he had “crossed the line from mere sympathizer or supporter to member.”
The board heard that the migrant – who can be identified only as “B173″ due to a publication ban – had fixed buses at a garage run by the LTTE and also helped a relative do repairs on motorcycles belonging to LTTE members.
The board also heard that the migrant had helped the LTTE dig bunkers and attended roadside dramas performed by LTTE members.
But Tessler wrote in his decision that while the work he performed may have provided material support to the organization, it “did not rise above the unavoidable dealings” that anyone in the area would likely have had with the LTTE.
Similarly, his attendance at roadside dramas and his celebration of Great Heroes’ Day – an annual event honouring LTTE suicide bombers – appear to be “merely aspects of community life” in that area or "reflect his sympathies with the Tamil cause."
“He did not think of himself as a member or identify himself to CBSA as a member. He did not make unsuccessful efforts to join the LTTE. In fact he resisted any attempt to be recruited by the LTTE,” Tessler wrote.
“He had no military training or weapons training. There is no evidence that he was involved in the political wing of the LTTE. He did not distribute propaganda nor did he solicit others to join the armed struggle.”
The CBSA has requested admissibility hearings for about 32 of the Tamil migrants, mostly on the grounds that they pose a security threat because of alleged membership in the Tamil Tigers or because of alleged serious criminal pasts.
Douglas Cannon, a lawyer representing many of the Tamil migrants, said Sunday night that Tessler’s ruling counters the “irrational” and “irresponsible” comments made by the Harper government that some of the Tamils are linked to terrorism.
“If this is what they were concerned about, it’s worth a close look whether the government has been wasting resources,” he said. “Is this something the average person would think is deserving of aggressive investigation into terrorist links?”
The federal government has the option of appealing the ruling to the Immigration Appeal Division or to the Federal Court of Canada.
Comments
Want to discuss? Please read our Commenting Policy first.