Trasmundi v. Canada ( Minister of Citizenship and Immigration )
IMM-2884-99
Sharlow J.
15/6/99
4 pp.
Applicant, deported from Canada in 1964 because of criminal activity, returned illegally to Canada in 1985-February 1999 report declaring him to be person described in Act, s. 27(2)(h)-In March 1999, arrested and detained on basis of Act, s. 27(2)(h) report and determination by immigration officer applicant danger to public and posing flight risk-Later, immigration officer issued departure order pursuant to Act, s. 27(4)(b)(iii)-Application for judicial review on basis detention unlawful, seeking as interim relief order directing release or alternatively directing officials who have reviewed or will review detention that detention unlawful-Application for interim relief dismissed-Applicant arguing that because of Act, s. 32.02, departure order and detention inconsistent as matter of law (departure order requiring applicant to leave Canada but detention preventing him from complying), and detention must therefore be unlawful; departure order herein could not become deportation order as long as applicant remained in detention; not only does applicant's detention prevent him from leaving voluntarily, Minister prevented from removing him involuntarily, so could remain in detention in perpetuity; detention therefore unlawful-Error in reasoning in that Minister not precluded from removing applicant involuntarily (upon expiry of stay)-Departure order, like deportation order, removal order and enforceable in same way-Applicant's detention not rendered unlawful merely because Act, s. 32.02 cannot operate while detention continues-Immigration Act, R.S.C., 1985, c. I-2, ss. 27(2),(4) (as am. by S.C. 1992, c. 49, s. 16; 1995, c. 15, s. 5), 32.02 (as enacted by S.C. 1992, c. 49, s. 22).