The ruling marks the first time the government has challenged successfully the release of one of the Sun Sea migrants and now means that the mother of three children — who was kept in custody pending the decision — must remain in custody with an opportunity to have her detention reviewed every 30 days.
Douglas Cannon, duty counsel for the migrant, who cannot be identified under a publication ban, said Monday a decision has not been made on whether to appeal.
When the woman arrived in Canada with 491 other Sri Lankan migrants aboard the Sun Sea on Aug. 13, she did not have any identification documents for herself or her children.
The woman claimed her passport was taken away by the "agent" who organized the voyage.
During a review of the woman's detention on Sept. 16, Immigration and Refugee Board adjudicator Michael McPhalen found that the government was not making reasonable efforts to establish the woman's identity and failed to contact certain members of the woman's family.
He ordered her release on the condition she report to the Canada Border Services Agency on a monthly basis and co-operate with the agency in obtaining her identity documents.
But in his decision, Federal Court Judge Michael L. Phelan wrote that government workers had, in fact, made attempts to reach the woman's mother — but that fact was not known at the time of her hearing on Sept. 16.
"It speaks to the need for caution" in criticizing the government and to the "rough and ready" nature of these detention-review hearings, Phelan wrote.
The judge faulted the IRB adjudicator for not taking into account the fact that the refugee claimant did not seem to be completely forthcoming about how to get in touch with various members of her family.
He also wrote that the conditions of her release were insufficient given that her identity had not yet been established.
As of Nov. 12, 174 Sun Sea migrants have been granted release — 131 men and 43 women.
No comments:
Post a Comment