CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Canada (Minister of Citizenship and Immigration) v. Gill
IMM-4191-02
2003 FC 1398, Lemieux J.
28/11/03
13 pp.
Judicial review by Minister of Citizenship and Immigration (Minister or applicant) seeking to set aside decision of Immigration and Refugee Board (Board) who, after conducting 48-hour first detention review under Immigration and Refugee Protection Act (Act), s. 57(1) ordered, pursuant to Act, s. 58 respondent's release from detention--S. 58 sets out circumstances in which foreign national "shall be released from detention"--S. 58 refers to prescribed factors contained in Immigration and Refugee Protection Regulations (Regulations), ss. 244, 247--Board erred in law when did not weigh two prescribed factors in assessing whether respondent's detention should continue--Omitted factors found in Regulations, s. 247(1)(c), (e)--Furthermore, Board took into account irrelevant consideration in deciding to release him: fact departure order had been issued in respondent's supposedly real name, name reflected in driver's licence and photocopy of birth certificate--Also error of law --Lastly, Minister correct in arguing Board made erroneous finding of fact, arrived at in perverse and capricious manner when concluding immigration authorities satisfied with respondent's identity because they decided to issue departure order in name reflected in documents of doubtful authenticity --Such finding contrary to Minister's opinion given under Act, s. 58--Judicial review allowed-- Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 57, 58, 106-- Immigration and Refugee Protection Regulations, SOR/2002-227, ss. 244, 247.