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Housekeeping Notice

Housekeeping Notice. Assignment Two is due on April 2 nd . April 2 nd is Monday. class materials available at: http://faculty.law.ubc.ca/dauvergne/ law377.html. Detention Ss 54-61 and Regs 224-250.

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Housekeeping Notice

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  1. Housekeeping Notice • Assignment Two is due on April 2nd. • April 2nd is Monday. • class materials available at: http://faculty.law.ubc.ca/dauvergne/ law377.html

  2. DetentionSs 54-61 and Regs 224-250 • basic rule is that some people may be detained and that detention is reviewed at specified intervals by the Immigration Div • Act sets out the framework and regs (at this point) set out factors to be considered • an area with considerable differences as compared to previous legislation • average time in detention about 15 days, more than 80% of detained are men

  3. Provisions of the Act • PRs or FNs may be arrested with a warrant if rble grounds to believe they are inadmissible AND danger OR unlikely to appear • FNs (not protected) w/o warrant IF as above OR officer not satisfied of identity • on entry, PRs and FNs may be detained IF nec to complete examination, rble grounds to suspect (!) inadmiss for security or rts violations • Imm Div to be notified, officer can release w or w/o conditions

  4. Detention Review • 48 hours, 7 days, 30 days, no maximum • habeas corpus provision • shall release unless (taking into acct prescribed factors): danger to public; unlikely to appear for anything that cd lead to being asked to leave; Min is reasonably inquiring into serious inadmissibility; Min thinks id can be established but they have not cooperated in doing so • Imm Div can also order detentions • conditions are possible; dble detention provision; minor children – last resort

  5. Things to Consider: Flight Risk • fugitive from fgn jurisdiction of Cdn crime • previous voluntary compliance with immigration related matters • previous avoidance of imm examination or escape from custody • involvement with smuggling or trafficking likely to lead them not to appear • community ties in Canada

  6. Things to Consider: Danger to Public • Min’s opinion under other sections of Act • association with organized crime • engagement in smuggling or trafficking • conviction in Canada of violence offences or serious drug offences (and parallel outside)

  7. Things To Consider: Identity • cooperation: specified details (not for chldn) • if ref claims: wh pursuit of ID docs will reveal too much to home gov’t • destruction of docs or use of fraudulent documents to mislead CIC (and circs) • provision of contradictory info • existence of docs which contradict their ID story

  8. Other things to consider • why detained? • total time in detention; likely future time • unexplained delays or lack of dept’l diligence • alternatives to detention • special considerations for children • some info shall not be revealed to home gov’t unless removal order enforceable

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