B.C. Man Wins Second Chance to Retain Citizenship After Concealing Deportation
A British Columbia man facing the loss of his Canadian citizenship for failing to disclose a previous deportation and use of an alias has been granted a second opportunity to preserve his status by a Federal Court judge. The case highlights the complex interplay between immigration enforcement and humanitarian considerations in Canada's legal system.
Background of the Immigration Case
The individual at the center of this legal battle, Saleem Bapari, now 41 years old, first attempted to enter Canada as a refugee in 1999 when he was 25. He arrived at Vancouver International Airport using the name Reza Ahmed and providing a false date of birth. His refugee claim was unsuccessful, leading to his deportation in April 2005.
In September 2005, Bapari married a Canadian permanent resident in Bangladesh, who subsequently sponsored his immigration to Canada. He obtained permanent residence status upon his arrival in 2007 and took the oath of citizenship in 2012, officially becoming a Canadian citizen.
Discovery of Misrepresentation
The truth about Bapari's immigration history remained concealed until 2013, when the Insurance Corporation of British Columbia (ICBC) utilized facial recognition technology to protect the integrity of driver's licenses. The system detected a potential match between identification photographs of "Reza Ahmed" and Saleem Bapari.
ICBC promptly notified the Canada Border Services Agency about this discovery. During interviews with border officials in 2014, Bapari explained that a broker had assisted him with his initial attempt to enter Canada, advising him that using his real name would create problems in Bangladesh.
Citizenship Revocation Proceedings
In 2024, a representative of the federal Minister of Immigration, Refugees and Citizenship issued a decision to revoke Bapari's citizenship. The determination concluded that he had obtained citizenship through "false representation or fraud or by knowingly concealing material circumstances," which violates provisions of the Immigration Act.
The specific allegations centered on Bapari's failure to disclose other names, dates of birth, or aliases when completing his citizenship application forms. Additionally, he answered "no" when asked whether he had ever been subject to a removal order, despite his 2005 deportation.
Federal Court Intervention
Justice Yvan Roy recently ruled that the decision to revoke Bapari's citizenship was unreasonable. The judge determined that the decision-maker inadequately demonstrated how Bapari's requests for special relief were assessed, particularly given the high stakes involved in citizenship matters.
"I have concluded that more and better is expected of a decision-maker," Justice Roy wrote in his decision. "The power over vulnerable persons brings with it the high responsibility to ensure that the reasons have duly considered the consequences of the decision."
Humanitarian Considerations
In late 2023, Immigration, Refugees and Citizenship Canada offered Bapari an opportunity to submit personal circumstances that might warrant special relief. Bapari apologized for not disclosing his immigration history, explaining that he feared denial of entry if he had been truthful.
He requested permission to remain in Canada with his wife on "humanitarian and compassionate grounds," citing bleak prospects for a future in Bangladesh, particularly given his lack of formal education. The Federal Court's decision now requires immigration officials to reconsider these factors more thoroughly.
Legal Implications and Future Proceedings
This case establishes important precedent regarding the level of scrutiny required in citizenship revocation decisions, especially when individuals have built lives in Canada and face significant consequences if removed. The ruling emphasizes that decision-makers must provide comprehensive reasoning when evaluating requests for special relief in immigration matters.
The matter will now return to immigration officials for reconsideration, with Bapari maintaining his Canadian citizenship status pending the outcome of this renewed assessment process.
