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Emigration and immigration

Immigration and Refugee Board of Canada Decision: Jordan Alexis VENEGAS AGUILERA Not Deemed Inadmissible

Strategic Insights

— 2 min read

The Immigration and Refugee Board of Canada has issued a decision regarding Jordan Alexis VENEGAS AGUILERA, who was requested to be declared inadmissible for organized criminality. The Minister of Public Security and Civil Protection argued that VENEGAS AGUILERA was a member of the South American Theft Group (SATG), a criminal organization. However, after a thorough analysis, the Tribunal found that there was no sufficient evidence to prove that the group VENEGAS AGUILERA was linked to was indeed SATG. Consequently, the Tribunal concluded that VENEGAS AGUILERA was not inadmissible to Canada under section 37(1)a) of the IRPA.

Key Takeaways:

  • The Minister of Public Security and Civil Protection requested that Jordan Alexis VENEGAS AGUILERA be declared inadmissible for organized criminality due to alleged membership in the South American Theft Group (SATG).
  • The Tribunal analyzed the evidence and found that there was no sufficient proof that the group VENEGAS AGUILERA was linked to was indeed SATG.
  • The Tribunal relied on case law, which stated that the term "organization" must be interpreted broadly and without restriction to give priority to the safety of Canadians.
  • The Tribunal considered the structural features of SATG and the individuals involved, but found that the evidence presented did not meet the burden of reasonable grounds to believe.
  • The Tribunal also considered the Minister's submissions, which described SATG as a highly organized group engaging in violent robberies and sophisticated surveillance, but found that the group with which VENEGAS AGUILERA was linked did not resemble SATG in any way.
  • The Tribunal concluded that the Minister had failed to demonstrate that the SATG group corresponded to the group with which VENEGAS AGUILERA was linked, and therefore VENEGAS AGUILERA was not inadmissible to Canada.

Statistics:

  • 20: The age range of SATG members, according to the Minister's submissions.
  • 20 years: The duration of time SATG has been operating, according to the Minister.
  • 1980s: The time period during which SATG was initially involved in distraction-type thefts and burglaries.
  • 2023: The year in which VENEGAS AGUILERA was linked to a group.
  • 2-3: The number of days in June 2023 in which VENEGAS AGUILERA was linked to a group.

Sources:

[1] Act

[2] Immigration Appeal Division

[3] Chile's investigative police

[4] Panel's evidence

[5] Minister's submissions

[6] Minister's description of SATG activities

[7] Minister's description of SATG methods

[8] Supreme Court of Canada

[9] Minister's description of SATG targets

[10] Minister's description of SATG crimes

[11] Case law

[12] Police organizations

[13] Federal Bureau of Investigation (FBI)

[14] Article from Chile's investigative police

[15] Tribunal's analysis

[16] Minister's submissions

[17] Minister's description of SATG activities

[18] Minister's description of SATG members

[19] Tribunal's analysis

[20] Tribunal's conclusion

[21] Supreme Court of Canada

[22] Tribunal's analysis

[23] Minister's submissions

[24] Tribunal's conclusion

[25] Tribunal's analysis

[26] Tribunal's conclusion

[27] Tribunal's analysis

[28] Tribunal's conclusion

[29] Tribunal's conclusion

[30] Tribunal's conclusion

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