Bhatti v. Canada ( Minister of Citizenship and Immigration )
IMM-1334-96
Noël J.
8/5/96
10 pp.
Application for leave to commence application for judicial review of adjudicator's order applicant continue to be detained-Application amended to review Minister's decision to arrest applicant after initial release February 20, 1996-Applicant citizen of India-Granted refugee status in Canada September, 1991-March 1993, Minister requesting leave to apply to Refugee Division to reconsider and vacate determination of refugee status on basis "obtained by fraudulent means or misrepresentation, suppression or concealment or any material fact, whether exercised or made by that person or any other person"-Applicant alleged member of Sikh terrorist organization-Determination of refugee status vacated-Applicant leaving for U.S. February 1995, returning early February 1996 making new refugee claim-Applicant arrested and detained under Act, s. 103(1)-Detention review held February 13, 1996 and applicant ordered released on terms-February 20, applicant arrested for deportation under unexecuted order and obtained order staying deportation order-Detention review held monthly thereafter and adjudicator deciding applicant's detention should continue-Application for habeas corpus in Supreme Court of British Columbia dismissed for jurisdictional reason-Application dismissed-Minister's officials could request adjudicator to order applicant retaken into custody under Immigration Act, s. 103(8) or could issue warrant for arrest and removal from Canada under s. 103(1)-Minister retains at all time full discretion as to timing and mode of execution of removal orders-Minister not "adjudicator shopping" as did not arrest applicant for purposes of new detention hearing before adjudicator-Applicant arrested for removal from country-Immigration Act, R.S.C., 1985, c. I-2, s. 103(1) (as am. by S.C. 1995, c. 15, s. 19), (8) (as am. by S.C. 1992, c. 49, s. 94).