Digests

KLM Royal Dutch Airlines v. Canada (Solicitor General)

IMM-5992-02

2004 FC 308, Tremblay- Lamer J.

2/3/04

14 pp.

Judicial review of decision by Citizenship and Immigration Canada (respondent) that applicant owes $114,715.68 to respondent for removal costs of Mohamed Moussa Mouhoumed (Moussa)--Applicant submits removal costs incurred by respondent's unilateral decision to charter private plane from Montréal to Djibouti unreasonable and excessive and, consequently, not required to reimburse--Applicant attempted, on two occasions, to transport Moussa on board commercial flight, but failed--Moussa's behaviour excessive and pilot ordered him off plane on both occasions-- Respondent attempted, twice before, to remove Moussa on regular commercial flights and attempts unsuccessful-- Applicant indicated that, if Moussa repeated violent behaviour, would make necessary arrangements to reserve part of Air Djibouti plane for passenger and escorts--No assurance of Air Djibouti's consent to place part of aircraft at applicant's disposal on commercial flight--Respondent therefore proposed that applicant reserve small chartered plane for journey from Dubai to Djibouti--Proposal unanswered--As applicant had not acted promptly, and after having notified applicant several times, respondent availed itself of option provided in former Immigration Act, s. 87(2), and made own arrangements for Moussa--This decision reasonable-- Evidence in record shows that earlier attempts to deport Moussa failed--After giving applicant possibility over three-month period to fulfil obligation, reasonable for respondent to conclude that applicant not prompt--Principles of natural justice not breached because applicant notified several times of obligation as transporter--Evidence reveals respondent gave applicant many opportunities to make arrangement that applicant would find adequate, considering special needs required for Moussa's transportation by plane--In conclusion, given Moussa's violent behaviour upon many removal attempts, fact that commercial flight suggested by applicant between Dubai and Djibouti did not satisfy respondent's safety concerns, and considering applicant's silence regarding respondent's last proposal and three-month period that passed, decision satisfies reasonableness standard because supported by tenable explanation--Application dismissed--Immigration Act, R.S.C., 1985, c. I-2, s. 87(2).