Although Tusif Ur Rehman Chhina was stripped of his refugee status and was sent back to Pakistan in 2017, the country's top court agreed to hear his case because it rarely gets to rule on the ancient legal recourse known as habeas corpus -- the right to have the validity of one's detention reviewed for whether it's lawful.
"First, the onus in detention review under the IRPA is less advantageous to detainees than in habeas corpus proceedings. Second, the scope of review before the Federal Courts is narrower than that of a provincial superior court's consideration of a habeas corpus application," she wrote.The lone dissenter in the case, Justice Rosalie Abella, argued the current system works fine.
The federal government had argued that extending the right to direct hearings before judges to migrant detainees would create uncertainty in the legal processes involving these decisions. He failed in 12 attempts to the Immigration and Review Board to be released and was eventually deported.His application was filed after his refugee status had been revoked in April 2013, and he was placed in immigration detention as a danger to the public and because he was considered unlikely to appear for his removal from Canada.
No they do not
not sure why people who lie to get into the country get canadian rights. judges expanding interpretation? government must enact better laws. migrants have no right to enter the country. they are not refugees. it would be nice for all but need ordrly process
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