CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Almrei v. Canada (Minister of Citizenship and Immigration)
DES-5-01
2003 FC 1523, Blanchard J.
29/12/03
8 pp.
Applicant has made application for order pursuant to Immigration and Refugee Protection Act (IRPA), s. 84(2) that he should be released from detention--During continued hearings of this application, applicant requested opportunity to make submissions as to applicability of IRPA, s. 78-- IRPA, s. 84(2) not containing any provision as to procedure to be followed in detention review--Former Immigration Act, s. 40.1(10) provided on hearing of such application, judge designated to hear application would examine in camera and in absence of person making application and any counsel, any evidence or information presented to Minister in relation to national security or safety of persons, and then provide person making application with statement summarizing evidence or information available to designated judge--Summary prepared having regard to whether evidence or information should not be disclosed on grounds disclosure would be injurious to national security, or to safety of persons-- Notwithstanding absence of similar provision in current Act, same procedure remains applicable (Mahjoub v. M.C.I., 2003 FC 928)--"Proceedings" commenced by issuance of security certificate continue at least so long as subject of certificate remains in detention or released on bail pending removal-- Since application for release part of continuing proceedings pursuant to which applicant detained, IRPA, s. 78(e), (h) remain applicable--In addition, requirements of IRPA, s. 84(2) necessitate incorporation of s. 78 procedures--IRPA, s. 78 applies to detention review hearings pursuant to IRPA, s. 84(2)--Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 78, 84(2)--Immigration Act, R.S.C., 1985, c. I-2, s. 40.1(10) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4).