B010 v. Minister of Citizenship and Immigration, compliments of Supreme Advocacy

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IMMIGRATION & REFUGEES: PEOPLE-SMUGGLING
B010 was a Tamil from Sri Lanka, who arrived in Canadian waters on August 13, 2010 aboard the MV Sun Sea, an unregistered ship with 492 migrants on board also seeking refuge.  Until 2009, B010 had lived in an area of Sri Lanka controlled by the Liberation Tigers of Tamil Eelam (“LTTE”), where he worked as a mechanic and fisherman.  When the Sri Lankan government regained control of the area, B010 was detained and interrogated on several occasions by government forces for suspected involvement in the LTTE.  Upon learning he was to be taken to a detention camp, B010 fled to Thailand where he eventually was offered a spot on the MV Sun Sea that was bound for Canada.  The vessel was abandoned by the Thai crew and the passengers decided to continue with the voyage.  B010 agreed to work six hours a day in the engine room, monitoring the engine equipment.  After the ship arrived in Canadian waters, the Canadian Border Services Agency conducted an investigation that revealed that the ship had been a part of a for-profit scheme to bring migrants to Canada.  It also determined that B010 was one of 12 on board who served as the ship’s crew during the three-month voyage.  An immigration officer reported him as inadmissible to Canada for people smuggling pursuant to s. 37(1)(b) of the Immigration and Refugee Protection Act. Immigration and Refugee Board of Canada: Applicant declared foreign national who was inadmissible under s. 37(1)(b) of the IRPA; deportation order issued. Federal Court: J.R. dismissed. C.A.: appeal dismissed.
B010 v. Minister of Citizenship and Immigration (Fed. C.A., Mar. 22, 2013)(35388) “The motion to strike is granted.  The application for leave to appeal… is dismissed with costs.”

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