Inside Canada’s sluggish process for deporting senior Iranian officials

Of note:

..A key challenge in such cases is that Canada’s immigration law doesn’t specify who qualifies as a senior public servant or military officer. Instead, adjudicators at the Immigration and Refugee Board have come to rely on the “top-half test,” according to which anyone found to have held a position in the upper 50 per cent of an organization’s hierarchy can be deemed senior. 

During his hearing, Mr. Omidi faced detailed questioning about his responsibilities as deputy director-general of the exploration office in Iran’s Ministry of Industry, Mine and Trade, a position he held from 2013 to 2020 before moving to Canada. He was asked whether he had the power to grant or cancel mining licences (he said he did not) and whether he could hire or fire employees (he could only approve their vacation requests when his boss was away, he said). 

The hearing moved at a glacial pace, frequently delayed by the challenge of translating technical terms. At one point, it ground to a halt while the adjudicator established that mineral permissions, licences and certificates all referred to the same thing. Later, there was considerable confusion over the chemical element molybdenum. 

Through it all, Mr. Omidi painted himself as a technician with no real authority. “How could I have any power over the influence of the government with the knowledge of geology?” he said on the final day. “This is a mistake.”

The top-half test first appeared in operation manuals for immigration officials more than two decades ago. It has since been endorsed by the Federal Court, which in 2023 found that rank alone is enough to label someone a senior official, regardless of their job description. …

Source: Inside Canada’s sluggish process for deporting senior Iranian officials