Suresh v. Canada (Minister of Citizenship & Immigration)

Manickavasagam Suresh (plaintiff) was a Sri Lankan citizen who went to Canada as a refugee. Within a year of arrival, Suresh applied for status as a landed immigrant. However, Suresh’s application was never completed because four years later, Canada’s solicitor general, along with the minister of citizenship and immigration (the minister) (defendant), sought to deport Suresh on national-security grounds. Deportation was sought based on an opinion issued by the Canadian Security Intelligence Service that indicated Suresh was of Tamil descent and a member of and a fundraiser for a terrorist organization in Sri Lanka called the Liberation Tigers of Tamil Eelam (the Tigers), which operated in Canada under the name World Tamil Movement. The Tigers were subjected to torture by Sri Lankan authorities. Deportation hearings revealed that Suresh was not directly involved in terrorism but that he should be deported because of his membership in a terrorist organization. The minister notified Suresh that she was considering declaring him a threat to national security, which under Canadian law permitted her to deport a refugee regardless of whether the refugee’s life would be at risk upon removal. Suresh filed a written response with evidence regarding the torture of members of the Tigers. An immigration officer considered Suresh’s submission and entered an opinion that cited Suresh as a danger, although acknowledging that Suresh had not committed any violence and that his life might be at risk upon return. However, the officer felt that, on balance, deportation was warranted. The minister then used this opinion to declare Suresh a threat to Canadian security and to deport him. Suresh was given no opportunity to see or respond to the immigration officer’s opinion before the minister made her decision. Suresh sought judicial review from the Federal Court, which found that the minister’s balancing of the risk of deporting Suresh to possible torture versus the risk Suresh posed to national security was consistent with fundamental justice. Suresh appealed to the Federal Court of Appeal, which dismissed his application. Suresh appealed to the Canada Supreme Court.