| Citation: |
Canada (Public Safety and Emergency Preparedness) v. Samuels, 2009 FC 1152, [2010] 2 F.C.R. D-13 |
IMM-3538-09 |
Citizenship and Immigration
Immigration Practice
Judicial review of Immigration Division order releasing respondent, permanent resident, from detention, pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 72(1)—Respondent having multiple criminal convictions, arrested frequently—In light of concern respondent danger to public safety, respondent re-arrested, returned to immigration hold—Immigration Division ordering respondent’s release after positive pre-removal risk assessment (PRRA)—Issues whether Immigration Division (1) having jurisdiction to maintain respondent’s detention notwithstanding positive PRRA, (2) failing to perform statutory duty in considering prescribed factors—Stayed removal order not void, although not executable pending ruling or passing of deadline—Hence, person against whom removal order issued still subject to order—While Immigration Division recognizing respondent’s criminal file, not considering implications of multiple convictions for sexual offences, other offences involving violence pursuant to Immigration and Refugee Protection Regulations, SOR/2002-227, s. 244—Immigration Division failing to exercise statutory duty, therefore order quashed—Act, s. 58(2) wording “subject to a removal order” ambiguous, not clear whether removal order enforceable or not—Question certified as to whether Immigration Division retaining jurisdiction to detain foreign national once foreign national found to be refugee or protected person—Application allowed.
Canada (Public Safety and Emergency Preparedness) v. Samuels (IMM-3538-09, 2009 FC 1152, Tremblay-Lamer J., judgment dated November 10, 2009, 16 pp.)