CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Lai v. Canada (Minister of Citizenship and Immigration)
IMM-6224-00
Campbell J.
18/12/00
17 pp.
Application for judicial review of adjudicator's decision applicants, refugee claimants against whom conditional departure orders issued, lawfully detained under Act, s. 103(6) on ground unlikely to appear for possible removal from Canada upon completion of refugee determination process under way--Application dismissed--Adjudicator made no error of law--Person subject of conditional or effective departure orders can be detained for reason of removal from Canada--Well established Minister may detain person subject to conditional removal order to ensure appearance for potential future removal--Application of Sahin v. Canada (Minister of Citizenship and Immigration), [1995] 1 F.C. 214 (T.D.) wherein Trial Judge listed six factors to consider in deciding whether detention appropriate: reasons for detention; length of time in detention; time detention likely to continue; whether applicant or respondent had caused delay; whether alternatives to detention; detainee's Charter right to liberty--Parliament must have intended that, in enactment of Act, s. 103, Minister be able to control viability and integrity of refugee claim process through use of custodial measures if criterion under Act, s. 103 met, regardless of immigration status conferred upon refugee claimant at time of making of claim--Immigration Act, R.S.C., 1985, c. I-2, s. 103 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 27; S.C. 1992, c. 49, s. 94; 1995, c. 15, s. 19).