The Federal Court of Appeal says people can be barred from Canada under espionage-related provisions of the immigration law only when their activities have a clear link to Canada's security. A security sign is pictured at the Ottawa International Airport in Ottawa on Wednesday, May 10, 2023. THE CANADIAN PRESS


April 16, 2024

The Federal Court of Appeal has clarified that individuals can only be barred from Canada under espionage-related immigration laws if their actions directly threaten Canadian security. This ruling arose from cases involving Ethiopian nationals, former members of an organization engaged in spying activities.

Medhanie Aregawi Weldemariam and Abel Nahusenay Yihdego, who worked for Ethiopia's Information Network Security Agency, faced inadmissibility claims upon their arrival in Canada. They argued they were targeted by Ethiopian security forces due to their political activities.

Although the Immigration Division initially found their involvement with the agency contrary to Canada's interests, lacking a direct link to Canadian security, the Federal Court overturned this decision in 2020. The recent Federal Court of Appeal upheld this ruling, emphasizing the absence of evidence tying the agency's actions to Canadian interests. Consequently, the cases will not be reconsidered, marking a victory for the individuals involved.

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