[2012] 3 F.C.R. D-12
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Detention and release—Respondent, Sri Lankan, making refugee claim following arrival on MV Sun Sea—Held in immigration detention ever since—Released on terms, conditions following 21st detention review hearing, pending pre-removal risk assessment (PRRA)—Applicant seeking to quash that decision—Whether Immigration and Refugee Board Immigration Division (ID) failing to consider factors listed in Immigration and Refugee Protection Regulations, SOR/2002-227, s. 248, erring by engaging in speculative analysis concerning PRRA decision—Parliament expressly directing that where there is flight risk, ID to consider all factors in Regulations, s. 248—One such factor requiring ID consider alternatives to detention—While security deposit, bond or guarantee possibly reducing risk, there must be meaningful analysis by ID that such financial incentive more likely than not to achieve desired control—That obligation not met if ID not reviewing source of funds—As to PRRA decision, naïve, perverse for ID to say that, since respondent now inadmissible, his lies will stop and he will no longer have motivation to flee—Application allowed.
Canada (Citizenship and Immigration) v. B001 (IMM-2367-12, 2012 FC 523, Snider J., judgment date May 3, 2012, 14 pp.)