This was a somewhat unusual and unique fact scenario.
The Applicant arrived in Canada as a child and never became a citizen.
After a string of criminal convictions, a danger opinion was issued against him largely based on a sexual assault. The danger opinion resulted in the loss of his appeal rights to the Immigration Appeal Division. He was deported and later returned without authorization. In the meantime, the conviction for his sexual assault (which we argued was foundation of the danger opinion) was set aside. He was, in essence, acquitted of the offence.
We proceeded with an application for judicial review, arguing that the danger opinion became void as a result of the underlying conviction being set aside.
Justice O'Keefe did not concur with our arguments. The Federal Court decision can be found here.
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