CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Nabut v. Canada (Minister of Citizenship and Immigration)
IMM-5285-01
2001 FCT 1392, Simpson J.
23/11/01
5 pp.
Application for stay of deportation order--Applicant has dual citizenship from Jordan and USA--While in Jordan, learned named in drug-related indictment issued in USA--Arrived in Canada in May 2001, declared inadmissible, deportation order made against him--While in detention, and before September 11 terrorist attacks, RCMP interviewed applicant in relation to association with individuals believed to be terrorists--After terrorist attacks, interviewed again at request of FBI--Applicant advised that, on return to USA, will be arrested and held without bail, like all except one named on indictment--Although decisions about bail made by courts, not by police and prosecutors, realistic to approach application on basis applicant likely to be denied bail--Issue that of irreparable harm flowing from pretrial incarceration of man claiming innocence, and extensive questioning and lack of due process which will inevitably result from FBI's knowledge of his terrorist associations--Applicant believing that his human rights may not be respected during long period of pretrial incarceration; may not receive fair trial--Application dismissed--Denial of bail, even to accused claiming innocence, not irreparable harm--Not irreparable harm to be subjected to questioning in course of investigation of terrorist attacks--If required, protective custody could be provided pending trial--Court prepared to assume he will receive due process, fair trial in USA.