Singh v. Canada ( Minister of Citizenship and Immigration )
DES-1-98
Rothstein J.
20/5/99
6 pp.
Application for release from detention under Immigration Act, s. 40.1(8), (9)-Designated judge must be satisfied applicant will not be removed from Canada within reasonable time, release would not be injurious to safety of persons-Onus on applicant for release to satisfy Court of requirements of s. 40.1(9)-First question whether applicant has established he will not be removed from Canada within reasonable time-Minister of Citizenship and Immigration ready, willing to remove applicant to India, but for Court imposed stay of removal granted upon application-Reason for delay in applicant's removal not due to inability, negligence on part of Minister, solely due to steps taken by applicant to prevent Minister from removing him-Individual could hardly, by own actions, decisions, delay removal, then rely on delay caused by him to argue he will not be removed from Canada within reasonable time-S. 40.1(9) relieving provision for individuals who, through no fault, action of their own, not being removed by Minister expeditiously-Individual free to take steps available to him at law to remain in Canada-In doing so, may not claim, on basis of own actions, he will not be removed from Canada within reasonable time for purposes of s. 40.1(9)-Conclusion consistent with reasons of McGillis J, in Ahani v. Canada, [1995] 3 F.C. 669-Applicant failing to establish release would not be injurious to safety of persons-Application dismissed-Immigration Act, R.S.C., 1995, c. I-2, s. 40.1 (8) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4), (9) (as enacted idem).