I an quoted in today's National Post story:
Serbian barred from Canada over alleged Soviet-era espionage | News | National Post
Serbian barred from Canada over alleged Soviet-era espionage
Sarah Boesveld Apr 24, 2012 – 11:16 PM ET | Last Updated: Apr 24, 2012 11:18 PM ET
A Serbian man has been barred from entering Canada on suspicion that he belongs to a secret police service in the former Yugoslavia that spied on Western governments and institutions during the Communist era.
In a case that casts an unusually wide net, setting a precedent to keep anyone with even remote links to suspicious groups from entering the country, the Federal Court of Canada denied permanent residency to Zoran Vukic who worked as a communications attaché for the Embassy of the Federal Republic of Yugoslavia (now Serbia and Montenegro) in Ottawa between 1998 and 2002.
Mr. Vukic, whose job it was to receive and transmit secret communications between the embassy and the Ministry of Foreign Affairs in Belgrade, has since returned to Serbia. But his wife Zorica, who was also deemed inadmissible to Canada, remains in Ottawa on a temporary resident work permit and challenged the government on its decision late last month.
She and her husband were both refused permanent residency because a visa officer decided there were “reasonable grounds” to believe Mr. Vukic was inadmissible because he “is or was” a member of an “organization engaged in espionage,” Madam Justice Anne Mactavish ruled on March 29.
The organization in question, Sluzba za istrazavanje dokumentacije (SID), is accused of spying on Western governments and establishments during the Communist era and participating in the deaths of enemies of the state and nationals within Yugoslavia and beyond.
Mr. Vukic said his job with the Ministry of Foreign Affairs was to transmit encrypted messages between their government office and the Embassy in Ottawa.
That correspondence was often sent by diplomatic bag or courier; that was co-ordinated by a different embassy official, court documents said.
‘It’s also noteworthy that the interpretation of who is a member is fairly wide as well’
He was first interviewed at the Canadian embassy in Belgrade in August 2005 about his family’s application for permanent residence in Canada. In December of that year, the family was told the visa section in Vienna had new information about them that needed further probing. Mr. Vukic was interviewed again in March 2006.
Mrs. Vukic was told by letter in May 2007 that there were “reasonable grounds to believe” Mr. Vukic was inadmissible to Canada under section 34 of the Immigration and Refugee Protection Act, which states foreign nationals cannot be accepted into Canada on security grounds for engaging in an act of espionage or an act of subversion against a government, or for being a member of an organization that there are reasonable grounds to believe engages in such acts.
The Vukics provided the visa officer with more information, including documents relating to Mr. Vukic’s employment. The officer reviewed them and still decided there were reasonable grounds to deny them residency, mostly because Mr. Vukic couldn’t prove it was impossible to work for both the SID and the Ministry of Foreign Affairs at the same time.
In fact, in an interview with the visa office in February 2011, he “appears to acknowledge the possibility that one could work for both the SID and the Ministry of Foreign Affairs at the same time,” the court documents said.
Ms. Vukic alleged she and her husband had been treated unfairly by the visa officer, a claim Judge Mactavish said she was “not persuaded” by.
Toronto immigration lawyer Sergio Karas, who is not involved in the case, said inadmissibility based on membership in an organization accused of espionage is fairly rare.
“The court interpreted the scope of this particular section of the legislation pretty widely and accorded the visa officer great deference in his conclusions that the person was in fact a member of this organization,” he said.
“It’s also noteworthy that the interpretation of who is a member is fairly wide as well.”
The case is also not as obvious as that of ex-KGB officer Mikhail Lennikov, who worked mostly as a Japanese translator with the Russian national security agency for six years until he quit in 1988. He has sought sanctuary at a Vancouver church for more than three years.
National Post
Showing posts with label Serbia. Show all posts
Showing posts with label Serbia. Show all posts
Wednesday, April 25, 2012
Tuesday, October 11, 2011
COURT CLEARS WAY FOR HUGE COSTS AGAINST MAN WHO LIED ON CITIZENSHIP APPLICATION
This is a first, and perhaps the harbinger of things to come.
The cost of being stripped of citizenship News National Post
The cost of being stripped of citizenship
Adrian Humphreys Oct 10, 2011 – 9:40 PM ET Last Updated: Oct 10, 2011 10:09 PM ET
An accused war criminal who abused prisoners in Bosnia-Herzegovina during the Balkan war before moving to B.C. has been ordered to pay Canada the substantial costs of stripping him of his Canadian citizenship, part of the government’s aggressive stance against those involved in foreign atrocities found hiding in Canada.
Branko Rogan’s past emerged after the wife of a former inmate bumped into him by chance at a Burnaby mall in 1996 after both families immigrated to Canada. Huso Hadzic then confirmed his identity and phoned the RCMP.
“I had to do something,” Mr. Hadzic told court earlier, “I am not going to see him here enjoying this beautiful country.”
Mr. Rogan, a Serb, came to Canada from Bosnia-Herzegovina in 1994 and became a Canadian citizen. Mr. Hadzic, a Bosnian Muslim, fled the war-torn area as a refugee and settled in Canada a year before.
The two men had grown up together in the town of Bileca but in 1992, as ethnic tensions exploded in the region, Mr. Hadzic, along with others, were rounded up and imprisoned merely because they were Muslim men. He was held without charge for four months.
Mr. Rogan was a reserve police officer working as a guard where the prisoners were held in inhumane conditions.
“Mr. Rogan was well aware of the fact that prisoners were being subjected to physical abuse, including beatings. Mr. Rogan was directly involved in the physical abuse of prisoners,” Federal Court of Canada Justice Anne Mactavish declared in August.
Mr. Rogan became the first citizenship revocation case for modern war crimes and the government made a compelling argument. But it was an expensive enterprise.
Four former prisoners provided first-hand evidence and a specialist in the history of the former Yugoslavia was brought in from Denmark; Professor Christian Axboe Nielsen had been an officer with the International Criminal Tribunal for the Former Yugoslavia.
Judge Mactavish accepted the government’s evidence, declaring this summer that Mr. Rogan obtained his Canadian citizenship by knowingly concealing material information. That paved the way for the government to withdraw his citizenship, which is needed before deportation.
Now, the government is after Mr. Rogan to pay the costs of pressing the case against him.
He was given a bill for more than $300,000 — including $223,484 in disbursements, $56,505 in legal fees, $21,015 for a researcher, more than $10,000 for transcripts and court services and unspecified travel costs for four government lawyers and translation.
Mr. Rogan remained defiant, accusing the government of spending needlessly. He asked the court to award no costs. He said it was not necessary to bring Prof. Nielsen in to testify, for instance.
Judge Mactavish disagreed, ruling last week: “I was greatly assisted by Dr. Nielsen’s testimony,” and describing it as “invaluable in understanding the roots of the conflict in the former Yugoslavia.” She approved the $14,365 cost of the expert witness as well as the legal fees.
She did strike some items from the bill, however, saying the daily transcription and researcher were not necessary. She also questioned travel to Bosnia for four government lawyers when only two appeared at trial.
“Why are they going after him for all of this?” asked Mr. Rogan’s Vancouver lawyer, Alex Stojicevic, in an interview. “They are stripping him of his citizenship because he lied. All of the rest of this, about what he was lying about, is a side issue.”
He said his client was dismayed by the process.
“He spoke to the RCMP in 1998 about this and essentially admitted as much [about lying],” said Mr. Stojicevic. “It should have ended then, but it took a very, very long time. I think it took him a little bit by surprise when they finally proceeded.”
Part of the delay was because a criminal prosecution of Mr. Rogan was contemplated rather than citizenship revocation.
Canada can criminally prosecute someone in Canada believed to have committed crimes against humanity or war crimes, but it is rare. The easier route is to revoke their right to remain in Canada and deport them, a controversial strategy some say allows them to escape justice.
Despite the success in court, Mr. Rogan remains in Canada with his wife and two children.
“Mr. Rogan remains a citizen unless his citizenship is revoked by the Governor-in-Council,” said Nancy Caron, spokeswoman for Citizenship and Immigration Canada. “The Federal Court hearing is only one step in the process of seeking revocation. I cannot comment on how long this process may take.”
Mr. Stojicevic confirmed that while the court has approved the move, the government has not yet actually revoked his client’s citizenship. If it does, there may be other court appeals, he said.
Jason Kenney, Minister of Citizenship and Immigration, defended the government’s stance.
“Minister Kenney has been clear: Canadian citizenship is not for sale,” said Candice Malcolm, a spokeswoman for the minister.
“Canadians are generous people, but have no tolerance and no patience for people who don’t play by the rules, who lie or cheat to become a Canadian citizen. Our government will apply the full strength of Canadian law to those who have obtained citizenship fraudulently.”
Despite the fact he remains in Canada, Mr. Rogan’s case is heralded as one of the three “success” stories by the Department of Justice’s Crimes Against Humanity and War Crimes Program.
National Post
The cost of being stripped of citizenship News National Post
The cost of being stripped of citizenship
Adrian Humphreys Oct 10, 2011 – 9:40 PM ET Last Updated: Oct 10, 2011 10:09 PM ET
An accused war criminal who abused prisoners in Bosnia-Herzegovina during the Balkan war before moving to B.C. has been ordered to pay Canada the substantial costs of stripping him of his Canadian citizenship, part of the government’s aggressive stance against those involved in foreign atrocities found hiding in Canada.
Branko Rogan’s past emerged after the wife of a former inmate bumped into him by chance at a Burnaby mall in 1996 after both families immigrated to Canada. Huso Hadzic then confirmed his identity and phoned the RCMP.
“I had to do something,” Mr. Hadzic told court earlier, “I am not going to see him here enjoying this beautiful country.”
Mr. Rogan, a Serb, came to Canada from Bosnia-Herzegovina in 1994 and became a Canadian citizen. Mr. Hadzic, a Bosnian Muslim, fled the war-torn area as a refugee and settled in Canada a year before.
The two men had grown up together in the town of Bileca but in 1992, as ethnic tensions exploded in the region, Mr. Hadzic, along with others, were rounded up and imprisoned merely because they were Muslim men. He was held without charge for four months.
Mr. Rogan was a reserve police officer working as a guard where the prisoners were held in inhumane conditions.
“Mr. Rogan was well aware of the fact that prisoners were being subjected to physical abuse, including beatings. Mr. Rogan was directly involved in the physical abuse of prisoners,” Federal Court of Canada Justice Anne Mactavish declared in August.
Mr. Rogan became the first citizenship revocation case for modern war crimes and the government made a compelling argument. But it was an expensive enterprise.
Four former prisoners provided first-hand evidence and a specialist in the history of the former Yugoslavia was brought in from Denmark; Professor Christian Axboe Nielsen had been an officer with the International Criminal Tribunal for the Former Yugoslavia.
Judge Mactavish accepted the government’s evidence, declaring this summer that Mr. Rogan obtained his Canadian citizenship by knowingly concealing material information. That paved the way for the government to withdraw his citizenship, which is needed before deportation.
Now, the government is after Mr. Rogan to pay the costs of pressing the case against him.
He was given a bill for more than $300,000 — including $223,484 in disbursements, $56,505 in legal fees, $21,015 for a researcher, more than $10,000 for transcripts and court services and unspecified travel costs for four government lawyers and translation.
Mr. Rogan remained defiant, accusing the government of spending needlessly. He asked the court to award no costs. He said it was not necessary to bring Prof. Nielsen in to testify, for instance.
Judge Mactavish disagreed, ruling last week: “I was greatly assisted by Dr. Nielsen’s testimony,” and describing it as “invaluable in understanding the roots of the conflict in the former Yugoslavia.” She approved the $14,365 cost of the expert witness as well as the legal fees.
She did strike some items from the bill, however, saying the daily transcription and researcher were not necessary. She also questioned travel to Bosnia for four government lawyers when only two appeared at trial.
“Why are they going after him for all of this?” asked Mr. Rogan’s Vancouver lawyer, Alex Stojicevic, in an interview. “They are stripping him of his citizenship because he lied. All of the rest of this, about what he was lying about, is a side issue.”
He said his client was dismayed by the process.
“He spoke to the RCMP in 1998 about this and essentially admitted as much [about lying],” said Mr. Stojicevic. “It should have ended then, but it took a very, very long time. I think it took him a little bit by surprise when they finally proceeded.”
Part of the delay was because a criminal prosecution of Mr. Rogan was contemplated rather than citizenship revocation.
Canada can criminally prosecute someone in Canada believed to have committed crimes against humanity or war crimes, but it is rare. The easier route is to revoke their right to remain in Canada and deport them, a controversial strategy some say allows them to escape justice.
Despite the success in court, Mr. Rogan remains in Canada with his wife and two children.
“Mr. Rogan remains a citizen unless his citizenship is revoked by the Governor-in-Council,” said Nancy Caron, spokeswoman for Citizenship and Immigration Canada. “The Federal Court hearing is only one step in the process of seeking revocation. I cannot comment on how long this process may take.”
Mr. Stojicevic confirmed that while the court has approved the move, the government has not yet actually revoked his client’s citizenship. If it does, there may be other court appeals, he said.
Jason Kenney, Minister of Citizenship and Immigration, defended the government’s stance.
“Minister Kenney has been clear: Canadian citizenship is not for sale,” said Candice Malcolm, a spokeswoman for the minister.
“Canadians are generous people, but have no tolerance and no patience for people who don’t play by the rules, who lie or cheat to become a Canadian citizen. Our government will apply the full strength of Canadian law to those who have obtained citizenship fraudulently.”
Despite the fact he remains in Canada, Mr. Rogan’s case is heralded as one of the three “success” stories by the Department of Justice’s Crimes Against Humanity and War Crimes Program.
National Post
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