This case pertains to a unique immigration application for judicial review which was allowed and awarded costs. In this application the applicant is an Algerian citizen named Smail Khaniche. Mr. Khaniche had planned on visiting his brother who lives in Canada and applied for a visit visa. The visa he applied for was for one month. Mr. Khaniche’s application for judicial review aimed to review how he was treated by an immigration officer. It was said that entering Canada he was not only stopped but “questioned, intimidated and insulted” by an immigration officer. It was also alleged that this officer whom he dealt with had confiscated some of his personal belongings. Additionally, with the assistance of police and another officer they forced the applicant onto a plane back to his country.
What did the Respondent claim and how did the Applicant respond?
In response, the respondent denied these claims. The respondent has stated that the applicant himself chose to retract his visit visa application. The applicant on the other hand rejected such a notion. He says he did not choose to cancel his visa application and maintains the position that the immigration officer was unreasonable with his decision. The applicant first applied for a Canadian visit visa on May 25, 2017. Later, on June 5, 2017, he was in fact given a multiple entry visa which would be valid until June 9, 2025. After this, on January 16, 2018, the applicant came to Canada to visit his brother. At this time, a visitor record was given to the applicant, which he signed, allowing him to be in Canada until March 3, 2018. The applicant did as he was told and left for his home country on the indicated date.
What occurred when the Applicant returned to Canada?
In a few months’ time, the applicant returned to Canada. He returned for the purpose of sightseeing with his brother. The applicant arrived in Canada, at Pierre Elliott Trudeau International Airport on November 2, 2018. He also had a return ticket dated November 30, 2018. The applicant was then expected at an immigration examination, at which he appeared and was questioned forcefully. This harsh examination was regarding not only his employment and financial status but also that of his brother. Subsequently the applicant offered to call his brother for the officer to speak with. The officer promptly dismissed the offer and confiscated the applicants cell phone. It was then determined that the officer obligated the applicant to divulge the device password. When he had done so, the officer proceeded to remove the applicant’s passport, airline ticket as well as other ID.
Following this instance, the officer silenced him and called the police. As per the applicant’s explanation, the officer proceeded to yell “Since you are doing pretty well in your country, why did you come here to Canada” and “tonight you are going back home”. Additionally, the officer aggressively pushed him to sign a voluntary departure form, to which the applicant refused. In the end the officer alone signed the form and proceeded to take the applicant to a plane where he said, “get the hell back to your country”.
What were the issues?
Three main issues were brought up in this case which are “was there a “decision” made against the applicant, is this case moot and was the officer’s decision tainted by a breach of procedural fairness?” Regarding the first issue it was determined that a decision was made against the applicant when the immigration officer took him a plane to exit. The second issue brought was whether the case could be moot, and it was found that as the case contained a “person who was forcibly removed from Canada by a government official” it is not moot and judicial review was deemed to be warranted. Lastly, in terms of the third issue, the officer’s actions were challenged and deemed a great breach of procedural fairness.
Why were costs awarded?
The applicant also requested costs in light of the unreasonable and unfair decisions of the immigration officer. Misconduct of an immigration officer is deemed a “special reason” for which costs can be awarded. That is why the clear abusive treatment here was determined to be a basis for costs to be given to the applicant. Overall, the application was allowed for judicial review and costs of $500 were awarded to the applicant as compensation for the officers’ actions.
Want to know if you might be eligible to request costs in your application? Contact Chaudhary Law Office today to speak to a professional who can assist you. This post was composed with the assistance of Eleni Yeostros, intern.
