Exhausting The System

"I am of the opinion that all the preceding elements, combined, give me reasonable grounds to believe that the applicant was a member of the al-Qaeda network. Hannachi acted as an intermediary or recruiter with youth in the Maghreb community in the 1990s -- he spoke to them of his experience in the camps of bin Laden and of Jihad, and encouraged them to join.
"I am of the opinion that the applicant rather attempted to minimize or deny these links, for fear they would harm his obtaining permanent residence."
Citizenship and Immigration Canada report

The information contained in this report rendered to the Federal Court of Canada helped to authorize the deportation of a Tunisian refugee claimant whom Immigration authorities believe to have been a member of the al-Qaeda network. Zouhair El Maghraoui made use of a false Dutch passport obtained in Italy to enable him to fly to Montreal in 1995. That alone would disqualify him from seeking refuge in Canada. That he is also linked to al-Qaeda training camp recruiters consolidates his persona non grata position.

Moreover, he had provided to authorities false information relating to relationships he had with Raouf Hannach and Mohamedou Ould Slahi, men who had connections to Ahmed Ressam, the "Millenium bomber" whose conviction in 1999 for attempting to blow up Los Angeles airport, placed him in very bad company indeed. The released report based on full investigation of this man's past and his falsified testimony under scrutiny more than justifies denial of his permanent residence application.

Mr. Maghraoui, 49 years of age, had been rejected in 1997. After which time he married a woman who was successful in obtaining Canadian citizenship. His wife sponsored him as an immigrant. A number of arrests for criminal activities followed, and Immigration undertook action to have the man deported for those criminal actions. Almost a decade later, still in Canada, now the father of three Canadian-born children he felt he had reasons to remain in the country that would register in his favour.

The Canadian Security Intelligence Service after interviewing Mr. Maghraoui forwarded the resulting report to the Canada Border Services Agency in 2011. Which resulted in an April 17, 2012 refusal of his application on the grounds that his false statements rendered him inadmissible to Canada on national security grounds. Mr. Maghraoui "chose to hide important information about his relationships with people linked to the al-Qaeda network", noted the CIC officer.

The Citizenship and Immigration Canada report stated that Mr. Maghraoui had "repeated and continuous contact" with members of al-Qaeda, "and has provided support to these persons or the organization, for example by offering advice, by transferring money or referring those interested to jihad". Intelligence data had further convinced the investigating officer to the conclusion that Mr. Maghraoui had ties to a Tunisian Canadian from Montreal, and a Mauritanian attached to a  Montreal mosque, (named above) both of whom were involved with al-Qaeda pursuits.

The opinion of authorities was that despite difficulties his family could experience with the removal of husband and father, it was not feasible to permit him to remain in Canada as a result of the impact of his associations and his deliberately misguiding hidden history. Mr. Maghraoui did as so many before him have done in response; pulled all the legal strings that could conceivably be called upon to prevent his removal from Canada. He challenged the charges brought against him to the Federal Court, asking to be allowed to remain on humanitarian and compassionate grounds.

Justice Yves de Montigny dismissed the case. Having exhausted all legal avenues open to inadmissible applicants such as he represents, the way is now cleared to remove him finally from Canada, an almost two-decade-long, costly and potentially dangerous situation at last coming to a conclusion. It cannot be known how many more like him remain within Canadian society. It cannot be known how many young Muslims have been enjoined to become part of the jihadist network as a result of his assiduous attention to duties imposed as a result of his al-Qaeda connection.