Date: 19990908
Docket: IMM-5254-98
BETWEEN:
FAHMI MOHAMMED HUSEIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN J.A.:
[1] This is an application for reconsideration of an order dismissing the applicant"s leave application for judicial review for failure to file an application record. The applicant relies on Rule 399. In addition to demonstrating that the order should be reconsidered by reason of a matter that was discovered subsequent to the making of the order, the applicant must show that he has an arguable case.
[2] On this application the applicant has failed to satisfy me that he has an arguable case.
[3] An adjudicator found that there were reasonable grounds to believe that the applicant was a member of an organization that there are reasonable grounds to believe is or was engaged in terrorism under subparagraph 19(1)(f)(iii)(B) of the Immigration Act. The applicant says that the adjudicator erred because he did not turn his mind to whether terrorist acts are carried out by the organization rather than by individuals who might be members but are not acting with the authority of the organization.
[4] The adjudicator found that there were reasonable grounds to believe that the Oromo Liberation Front was an organization engaged in terrorism. In his decision, he referred to OLF leaders setting fire to a village and killing 144 individuals, and to attacking another location and forcing individuals to jump off cliffs. The adjudicator concluded that the killing of several hundred individuals by the OLF and its leaders constituted acts of terrorism.
[5] Terrorist organizations are not organized states or corporations where the niceties of agency law are applicable. Terrorist organizations are loosely structured groups. Even if I were to accept that an act carried out by an individual might not be attributed to an organization, where there is evidence that the leaders of an organization are involved in the acts of terrorism, I have no doubt that for purposes of subparagraph 19(1)(f)(iii)(B), there are reasonable grounds to believe that the organization itself is involved in acts of terrorism..
[6] The adjudicator in my opinion did not err and there is no arguable case for judicial review. Based on this finding, it is not necessary to decide whether there is a matter that was discovered subsequent to the making of the order which is sought to be reconsidered.
[7] The reconsideration application will be dismissed with costs.
"Marshall Rothstein"
JUDGE
Toronto, Ontario
September 8, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-5254-98 |
| STYLE OF CAUSE: FAHMI MOHAMMED HUSEIN |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: FRIDAY, SEPTEMBER 3, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: ROTHSTEIN J.A. |
DATED: WEDNESDAY, SEPTEMBER 8, 1999
| APPEARANCES: Mr. Micheal Crane |
For the Applicant
Mr. Jeremiah Eastman
For the Respondent
Mr. Yehuda Levinson
For the Proposed Intervener
SOLICITORS OF RECORD: Micheal T. Crane
Barrister & Solicitor
200-166 Pearl St.,
Toronto, Ontario
M5H 1L3
| For the Applicant |
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
| Solicitors of Record Cont"d... Levinson & Associates |
Barristers & Solicitors
212 King St. W.,
Suite 410
Toronto, Ontario
M5H 1K5
For the Proposed Intervener
FEDERAL COURT OF CANADA
Date:19990908
Docket: IMM-5254-98
Between:
| FAHMI MOHAMMED HUSEIN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |