Immigrant Wins New Chance to Keep Canadian Citizenship After False Identity Case
A Bangladeshi immigrant who was deported from Canada two decades ago after his refugee claim under a false identity was rejected has secured another opportunity to retain the Canadian citizenship he later obtained. Federal Court Justice Yvan Roy ruled that procedural deficiencies in the original decision warrant a fresh review of the case.
Decades-Long Immigration Saga
Saleem Bapari, now 51 years old, first arrived in Canada in January 1999 using a fabricated identity. His initial refugee claim under this false name was ultimately denied, leading to his deportation back to Bangladesh in April 2005. However, just five months after his removal, Bapari married Dilara Easmin, a permanent resident of Canada, in September 2005.
Following this marriage, Bapari successfully applied for permanent resident status in June 2006 with his spouse as sponsor. He was officially granted this status upon arrival at Vancouver International Airport in January 2007. Critically, he did not disclose to authorities that he had previously used a fake name and birth date during his failed attempt to remain in Canada.
Citizenship Obtained Through Omissions
Bapari applied for Canadian citizenship in August 2010 and received it in December 2012. Throughout both his permanent residence and citizenship applications, he failed to disclose his previous use of a false identity and his prior deportation order.
"For all intents and purposes, Mr. Bapari doubled down in his application for citizenship," Justice Roy wrote in his decision. "Asked to disclose other names, date of birth or aliases, he chose not to disclose that information. He was not truthful when asked the question about having been under a removal order by answering, 'no.'"
Discovery Through Facial Recognition
The deception was uncovered in December 2013 when facial recognition software employed by the Insurance Corporation of British Columbia identified Bapari as Reza Ahmed when he applied for a driver's licence. This technological revelation exposed the inconsistencies in his identity documentation and immigration history.
Justice Roy noted in his decision that "he was not using the name he currently uses, which appears to be his true identity," highlighting the complex layers of identity involved in this case.
Procedural Deficiencies Cited
In a Federal Court decision dated February 12, Bapari successfully challenged the refusal by a delegate of the immigration minister to grant him relief based on personal circumstances. The judge emphasized that the ministerial delegate failed to properly address Bapari's personal circumstances in the written reasons provided.
"Whether or not the outcome might be reasonable is not relevant. It is the process leading to the outcome which is deficient," Justice Roy stated unequivocally in his ruling.
The judge acknowledged that Bapari "recognized that he had misled the authorities by relying on false identity when he first came to Canada, and then by not disclosing the misdeed when he claimed permanent residence and citizenship." However, Roy determined that the ministerial delegate had not adequately considered the personal circumstances Bapari presented in his appeal.
Legal Implications and Next Steps
This case highlights several important aspects of Canadian immigration law and procedure:
- The significance of full disclosure in immigration applications
- The role of technological tools like facial recognition in uncovering immigration fraud
- The importance of proper procedural consideration of personal circumstances in immigration decisions
- The judicial review process for challenging immigration determinations
Bapari's case will now return for reconsideration by immigration authorities, who must properly address his personal circumstances in their decision-making process. The outcome remains uncertain, but the Federal Court has ensured that the procedural deficiencies identified will be corrected in the next review of his case.
