CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Canada (Minister of Citizenship and Immigration) v. Kamail
IMM-6474-00
2002 FCT 381, O'Keefe J.
8/4/02
14 pp.
Application for judicial review of decision of adjudicator from Immigration and Refugee Board, Adjudication Division ordering release of respondent from immigration detention --Respondent citizen of Iran--CRDD determining respondent not Convention refugee--On August 6, 2000, immigration authorities placed respondent in immigration detention-- Respondent posting required bond, released from immigration custody under adjudicator's order of December 8, 2000-- Whether adjudicator committed reviewable error-- Adjudicator considered respondent's actions, recognized lack of cooperation contributing to indefinite nature of detention--Whether unreasonable to count indefinite delay caused by respondent against applicant in such way respondent removed from detention, allowed to remain in Canada--In Sahin v. Canada (Minister of Citizenship and Immigration), [1995] 1 F.C. 214 (T.D.), Rothstein J. stated list of four factors relevant to detemination of when detention may become indefinite in context of detention review hearings-- Factors applied herein favouring keeping respondent in detention--Given that Immigration officials required by law to deport respondent, could only deport respondent to Iran, detention could end as soon as respondent decided to sign Iranian documents required to deport him to Iran, respondent sole cause of indefinite nature of detention--Adjudicator's decision unreasonable--Application allowed.