Dubious terrorist

>> The case of a local Iranian man draws fire from immigration activists

by JOHN EDMONDS

Since last December's arrest of the Montreal-linked Algerian terrorist Ahmed Ressam as he crossed into the U.S. with a load of explosives--and a spate of more recent cases involving Egyptian, Iranian and Sri Lankan terrorist groups--Canadians have become increasingly aware that the nation may indeed be a haven for terrorists. With some experts saying CSIS lacks the resources to deal with the problem, many worried citizens and politicians argue that Citizenship and Immigration Canada (CIC) needs to get tougher in its role as gatekeeper.

But some Montreal immigration rights activists point to a recent case of a foreign student denied permanent resident status because of his membership in a local Iranian student group. And they use this case to argue that Canada, far from being lax on immigrants, often refuses innocent people on the morally shaky grounds of "guilt by association."

Bijan--who asked that his real name not be used for fear of persecution if he is forced to return to Iran--is a post-doctoral student with solid academic credentials and a clean criminal record. His quest to become a Canadian was blocked last year solely because he was a member of an Iranian student group called Anjoman Islamie (AI).

His participation in AI--which he says is a loosely organized family-oriented religious group--was enough for a Canadian visa officer to refuse his application under section 19(1)(f)(iii)(b) of the Immigration Act, which classifies as inadmissible persons who "there are reasonable grounds to believe are or were members of an organization that there are reasonable grounds to believe is or was engaged in terrorism."

But Bijan's lawyer, Stewart Istvanffy, says the CIC has produced no evidence that AI is linked to terrorism. And he also says the law itself is unfair. "It's way too vague," he says. "You want to tell me that because someone once associated with someone involved in terrorism that they're guilty of it? You want to tell me that anyone who was ever a member of the PLO should be denied the right to become Canadian? No--there has to be some evidence against the person that they are a threat to Canada's security."

Iranian connection

Istvanffy is a longtime gadfly to Canada's immigration system and a member of the local activist group RADAR, best known for championing the causes of rejected refugees.

His consultant on Iran, Amir Maasoumi, is an Iranian sociologist and RADAR member. But Maasoumi says he's more than just an activist repeating a familiar chant.

"I escaped Iran in 1983 by fleeing on foot across the Turkish border. My life was in danger after public criticisms of the policies of Ayatollah Khomeini's regime. So I am risking all my political credibility as a critic of the regime to say this," says Maasoumi. "But in all my time in Iran, and following Iranian politics from abroad, I have never heard of even one case where a member of Anjoman Islamie was connected to terrorism."

According to CSIS documents, sections of AI are "used by the Iranian Embassy to collect information on dissident Iranian expatriates, and to gather scientific, military and technical data."

The FBI states that Anjoman Islamie is "comprised almost exclusively of fanatical, anti-American, Iranian Shiite Muslims" and represents "a significant resource upon which the government of Iran can draw to maintain the capability to mount operations against the United States, if it so decides."

RADAR says this is far from showing a definite link to terrorism for the group, let alone to Bijan.

According to David Harris, former chief of strategic planning for CSIS, "Even if a group like this is a front for a foreign intelligence service, it's probable that most of the members--even on the executive--would be unaware of this. That way, they're the first to say 'How dare you accuse us of being involved in this?' when the accusation is made."

The case is a maze of maybes--and the CIC says, in case of doubt, the government's responsibility to protect its citizens outweighs the interests of the applicant.

What if Bijan actually is a potential terrorist? Istvanffy responds: "It's hard for a lawyer to prove a negative--that something isn't the case. But the government should actually have to have some evidence against an applicant. In this case they have nothing."

The case is currently under review by the Federal Court of Canada. :

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