Canada Immigration Case-law Warssama v. Canada, IMMIGRATION — Exclusion and expulsion — Detention

Judgement of this Case: Click Here!

IMMIGRATION — Exclusion and expulsion — Detention — After applicant’s refugee claim was denied, he was allowed to remain in Canada on humanitarian and compassionate grounds until he became inadmissible for criminality — Applicant was ordered deported — Applicant was detained for immigration purposes for five years, due to his refusal to sign declaration that he would cooperate in his deportation to Somalia that was required by African airline to accept him uncontested on last leg of trip — On latest detention review, Immigration Division of Immigration and Refugee Board maintained applicant’s detention — Applicant applied for judicial review — Application granted — While there were grounds for applicant’s detention as he was unlikely to appear voluntarily for his removal, he was not danger to public — Decision was patently unreasonable — Record was completely inadequate as to whether or not there were alternatives means to remove applicant to Somalia or if there were alternatives to detention — There came point in time when time itself became overwhelming and whole process was completely unreasonable — Board failed to distinguish precedent also dealing with refusal to sign travel document, given much shorter duration of detention and fact that it was private airline rather than any state authority requiring such signature — As applicant had been detained for almost five years at time of detention hearing, board was wrong to conclude that other factors in s. 248 of Immigration and Refugee Protection Regulations (Can.) outweighed length of detention — Minister did not meet burden to justify continued detention — Decision was quashed and matter was referred back for re determination.