Such unheard-of act from a country that enjoys full diplomatic ties with Eritrea would, in itself, construe an embarrassing aberration in diplomatic conduct. What is more horrendous is however the reasons that the country's immigration authorities have given to explain their provocative act.

In a letter delivered to Eritrea's Ambassador in Nairobi, the Canadian Counsellor states: "Specifically, you were a member of the Eritrean People's Liberation Front between 1979 and 1991. The EPLF was a group that engaged in the subversion(?) of a government by force. Canadian Federal Court jurisprudence confirms that membership in a group that attempts to subvert even a despotic government is sufficient to render inadmissibility. As such, you are inadmissible to Canada pursuant to section A34(1)(f) of the Act. I am therefore refusing, your application".

How can one explain this gross and provocative folly? Is it sheer ignorance by a junior Government official or a deliberate desire by the Government of Canada to desecrate Eritrea's legitimate struggle against colonial occupation that exacted the lives of more than 60,000 of our best sons and daughters? If Canada's " Federal Court jurisprudence" is rooted on tho dofonco and apology of colonialism, which would violate the UN Covenant on Political and Social Rights, why did Canada establish, in the first place, diplomatic ties with Eritrea after its independence in 1993 and why has it maintained it until today? Why did it receive the accreditation of Eritrea's resident Ambassadors in the past years? (Eritrea's current Ambassador to Canada and the former Counsellor are invariably members of the EPLF).

This muddled decision is difficult to decipher and understand by any standards. The Government of Eritrea strongly condemns this hostile act and expressly requests the Canadian authorities to rectify this outrageous conduct.

Ministry of Foreign Affairs
Asmara
10 September 2008

The letter of the Canadian Counsellor

Government of Canada
High Commission of Canada
Immigration Section
P. O. Box 1013
Limuru Road, Gigiri
00621 Nairobi, Kenya
Telephone: (254 20) 366 3000
Facsimile: (254 20) 366 3914
Internet: www.nairobi.gc.ca

The Honourable Osman Saleh Mohammed
Minister of Foreign Affairs of the State of Eritrea
Asmara
Eritrea

Dear Minister,

After careful and thorough consideration of all aspects of your application and the supporting information provided, I have determined that you do not meet the requirements for a temporary resident visa for Canada.

Specifically, there are reasonable grounds to believe that you are a member of the inadmissible class of persons described in subsection 34(1)(f) of the Immigration and Refugee Protection Act (IRPA) which states that "a permanent resident or foreign national is inadmissible on security grounds for

(a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada
(b) engaging in or instigating the subversion by force of any government
(c) engaging in terrorism
(d) being a danger to the security of Canada
(e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada
(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c)."

Specifically, you were a member of the Eritrean People's Liberation Front between 1979 and 1991. The EPLF was a group that engaged in the subversion of a government by force. Canadian Federal Court jurisprudence confirms that membership in a group that attempts to subvert even a despotic government is sufficient to render inadmissibility. As such, you are inadmissible to Canada pursuant to section A34(1)(f) of the Act. I am therefore refusing your application.

I sincerely regret that this decision will be a disappointment to you.

Yours sincerely,
Tracey Vansickle
Counsellor (Immigration)

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