There was no evidence to show the migrant had knowledge that other members weren’t just passengers
The Immigration and Refugee Board has ruled that a crew member aboard the MV Sun Sea did not engage in people smuggling and can continue with his refugee claim.
The federal government has been arguing for months that crew members of the ship which brought 492 Tamil migrants to Canada last August weren’t just passengers but played “integral” roles in helping to execute a large and sophisticated smuggling operation and should therefore be deported.
In a written decision dated June 15 and released to reporters on Wednesday, board adjudicator Michael McPhalen said a representative for the public safety minister had failed to establish during a hearing in April two of four elements required to prove people smuggling.
While the migrant in question may have “aided” the others in getting to Canada, there is no evidence he “organized, induced or abetted their coming to Canada,” McPhalen wrote.
There was also no evidence to show the migrant had knowledge that other people on the ship were without required documentation, McPhalen said.
A publication ban prevents media from identifying the migrant and details of his work on the ship.
So far, four of the Sun Sea’s migrants have been ordered deported after being found to be members of the Liberation Tigers of Tamil Eelam, deemed by Canada to be a terrorist organization.
Most passengers though have been cleared to proceed with their refugee claims.
Last week, police announced that four crew members of another Tamil-migrant ship, the Ocean Lady, which arrived in Canada in 2009, had been arrested and charged with human smuggling.
Police have not filed any charges against the Sun Sea’s crew members.
Source: Postmedia News