[2013] 3 F.C.R. D-2
CitIZENSHIP AND Immigration
Exclusion and Removal
Judicial review of decision of Immigration and Refugee Board, Immigration Division (Board), to release respondent on certain conditions—Refugee protection claim, pre-removal risk assessment application of respondent, citizen of Guatemala, rejected—Respondent failing to report for pre-removal interview or, in meantime, for interviews to extend work permit—Arrested by Canada Border Services Agency (CBSA) because of arrest warrant there against—Before Board, CBSA arguing respondent’s failure to comply with previous notices to appear, reasons given for failing to do so justifying detention of respondent until removal—In making release order, Board considering, inter alia, that respondent living at same address during period in question, respondent’s attitude not indicating intention to flee, sufficient alternative existing in circumstances, onus on applicant to take necessary steps to enforce removal, on respondent to report for removal—After Board’s decision, respondent fleeing, arrested in United States—Test in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342 applied in present case—Parties still locked in adversarial context, not impossible respondent may one day return to Canada—Resolution of case having tangible future effects on rights of parties, case of a recurring nature arising from increasingly frequent practice of Board, public interest requiring Federal Court to rule on merits of case—Board basing decision solely on less relevant factors favouring respondent’s immediate release, ignoring respondent’s flight risk, repeated failures to appear for interviews, true ground for detention—Unreasonable for Board not to impose conditions on respondent other than ones respondent had already failed to comply with, unlikely to be able to comply with—Finally, reasons for decision at issue insufficient, inadequate because reasons not allowing parties or Court to understand Board’s reasoning, precautions taken to reduce respondent’s flight risk—Application allowed.
Canada (Public Safety and Emergency Preparedness) v. Ramirez (IMM-9448-12, 2013 FC 387, Shore J., judgment dated April 17, 2013, 20 pp.)