A Federal Court judge has ruled that a Canadian visa officer lacked sufficient evidence to deny permanent residency to an Indian national accused of links to disinformation campaigns, ordering a fresh review of his application by a different officer.
The applicant, identified only as A.S., had been denied permanent residency over allegations that he was connected to the Srivastava Group, an entity previously linked to misinformation efforts targeting nations in conflict with India. His case was further complicated by his family ties—his brother is the CEO of Aglaya, a company reportedly engaged in the sale of surveillance and hacking tools used for information warfare and intelligence gathering.
In March 2022, Canadian immigration officials informed A.S. that they had “reasonable grounds to believe” he played a major supervisory and decision-making role in the Srivastava Group’s operations. The organization had been cited in multiple reports, including a December 2020 EU DisinfoLab investigation, which accused the group of:
- Running fake media outlets to amplify pro-India narratives.
- Misusing United Nations-accredited NGOs and think tanks.
- Creating false news stories to discredit opposing nations.
- Manipulating the names of European Union politicians to lend credibility to disinformation campaigns.
The Canadian Broadcasting Corporation (CBC) also linked the Srivastava Group to fabricated news targeting South Asian populations in Canada. The investigation alleged the creation of 16 websites designed to resemble local Canadian news platforms to spread misinformation.
Based on these findings and A.S.’s relationship to Aglaya’s CEO, the visa officer concluded that he posed a serious and credible threat to Canada’s infrastructure and national security.
In his ruling, Justice Paul Favel criticized the visa officer’s findings, arguing that the evidence presented did not meet the legal threshold of “reasonable grounds to believe” A.S. was actively involved in disinformation campaigns. The judge outlined several key flaws in the officer’s decision:
- No Proven Institutional Link: The court found that shared office space and family ties were insufficient to establish that Aglaya was a subsidiary or affiliate of the Srivastava Group.
- Lack of Concrete Evidence: The visa officer did not present business records or direct involvement from A.S. in any activities linked to disinformation or cyber operations.
- Unreasonable Burden of Proof: The applicant was placed in the difficult position of proving a negative—that he was not affiliated with Aglaya or the Srivastava Group.
- Speculation Over Facts: The decision to deny permanent residency relied on assumptions rather than credible proof of A.S.’s involvement in any activities that could pose a security threat.
Justice Favel ruled that “guilt by association is insufficient” and that the visa officer’s reasoning was “flawed and speculative.” The judge concluded that there was “no reasonable basis to determine that Aglaya is a subsidiary or affiliate of Srivastava Group, nor that A.S.’s presence in Canada presents a national security threat.”
Following the ruling, the court remitted the case for redetermination by a different visa officer. This means that while A.S. has not been granted permanent residency, he will have another opportunity to have his application reviewed under fresh scrutiny, without the previous officer’s findings influencing the outcome.
This case highlights the growing global concern over foreign disinformation campaigns and the complexity of security assessments in immigration cases, where allegations of involvement in cyber and propaganda networks require substantial evidence rather than assumptions.
With the Federal Court’s decision, A.S.’s fate in Canada remains uncertain—but his case will now be reconsidered with a renewed focus on the facts.