Ranjbar v. Canada ( Secretary of State )
IMM-3462-94
Joyal J.
30/11/94
7 pp.
Judicial review of July 14, 1994 adjudicator's decision ordering applicant's continued detention pursuant to Immigration Act, s. 103-S. 103 requiring regular review of detention orders-Applicant, Iranian, entering Canada on false passport, allegedly lacking identification, claiming refugee status only after arrest-Subject to conditional deportation order-Convention refugee status granted August 5, 1994-Identification documents belonging to applicant found in security box in premises where applicant detained-After brief hearing on August 8 applicant released-Applicant submitting notwithstanding release Court should exercise discretion in hearing, determining all issues so that more particularized doctrine relating to s. 103 detentions, reviews respecting refugee claimants could be established-Alleging failure of natural justice, grievous errors in adjudicator's decision-Application dismissed-Refugee claimants subject to conditional deportation order not in more privileged position than anyone else in breach of Immigration Act-S. 103 granting wide discretion to order detention, release-Original order may be wrong, but process of regular, constant reviews designed to control abuses and ensure people not unreasonably detained-Egregious error or mala fides only grounds for judicial review of detention orders-S. 103 could result in situations where in practice judicial review of no avail if at any time prior to hearing new detention, release order issued-As one detention order succeeding another, and as last one might be succeeded by release order, applicant having no further grounds to seek relief-In those circumstances, validity of next-to-last order could not be tested by judicial review proceedings-Possibility if pressure applied to respondent's officers on grounds of abuse, bias, or mala fides, enquiry into case effectively aborted by release order, but other avenues of relief including habeus corpus, action in damages, legislative amendment-Immigration Act, R.S.C., 1985, c. I-2, s. 103 (as am. by S.C. 1992, c. 49, s. 94).