Citizenship and Immigration
Immigration Practice
Judicial review of decision of Immigration Division of Immigration and Refugee Board releasing respondent from detention since respondent’s s. 7 rights under Canadian Charter of Rights and Freedoms, infringed—Respondent detained for some 20 months, detention reviewed some 20 times—Sahin v. Canada (Minister of Citizenship and Immigration), [1995] 1 F.C. 214 (T.D.) setting out relevant factors to consider in determining whether to continue detention—Length of detention, continued detention constituting relevant factor—Guidelines in Sahin codified in Immigration and Refugee Protection Regulations, SOR/2002-227, s. 248—Each Sahin factor must be considered, given appropriate weight—Reasons not disclosing sufficient consideration of any explanation for past delay in deporting respondent—Opinion concerning anticipated future length of detention premature, speculative—Failure to properly consider Sahin factors error of law—Application allowed.
Canada (Minister of Citizenship and Immigration) v. Liu (IMM-3745-08, 2008 FC 1297, Lutfy C.J., judgment dated November 20, 2008, 7 pp.)