Canada ( Minister of Citizenship and Immigration ) v. Bains
IMM-5215-97
Pinard J.
5/1/99
3 pp.
Judicial review of Adjudicator's decision ordering respondent's release from detention-Respondent's whereabouts unknown, immigration warrant for his arrest outstanding-Respondent neither present nor represented at hearing-Adjudicator satisfied respondent was who he claimed to be-Held as identity satisfactorily established, continued detention unreasonable-Application allowed-Adjudicator exceeded jurisdiction in releasing respondent-Immigration Act, s. 103.1(5) clear, unambiguous: where Minister making reasonable efforts to investigate person's identity, Adjudicator shall continue person's detention-Adjudicator released respondent on basis of own assessment of authenticity of identity documents rather than reasonableness of Minister's investigations-Immigration Act, R.S.C., 1985, c. I-2, s. 103.1(5) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 12).