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Immigration And Refugee Board

-IMMIGRATION DIVISION-

Record of a Detention Review under the

Immigration and Refugee Protection Act, concerning

RAED JASER

HELD AT: Toronto West Detention CentreToronto, Ontario

DATE: August 25, 2004

BEFORE: F. Douglas - Presiding Member

APPEARANCES:

R. Jaser - Person ConcernedS. Kim - Minister’s CounselA. Billingsley - CounselI. Alayoubi - Interpreter

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PRESIDING MEMBER: Today is the 25th day of August,

2004. My name is Frederica Douglas, a Member of the

Immigration Division of the Immigration and Refugee

Board.

I’ve been asked to come here to the Toronto West

Detention Centre to conduct a detention review hearing

concerning Mr. Raed Jaser; that’s you?

PERSON CONCERNED: Yes, Ma’am.

PRESIDING MEMBER: The Minister’s counsel this

morning is Ms. Suzie Kim.

Persons who have matters before the Board, such as

this hearing, may at their own expense engage the

services of a barrister; solicitor; or other counsel.

And I do note the presence of counsel, for the record

I’d ask that you state your name, please.

COUNSEL: My name is Alex Billingsley; I’m a

barrister and solicitor in Toronto.

PRESIDING MEMBER: Thank you.

MINISTER’S COUNSEL: I’m sorry; I didn’t get your

last name.

COUNSEL: Sorry, Billingsley, B-I-L-L-I-N-G-S-L-E-Y.

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PRESIDING MEMBER: We also have present at this

hearing is an interpreter speaking the Arabic language,

Mr. Imad Alayoubi.

INTERPRETER: Good morning, Madam.

PRESIDING MEMBER: Good morning. Counsel, you’ve

been -- indicated, and your client has indicated, that

the interpreter is not required; is that correct?

COUNSEL: I think the client has stated that he

would like him to be here, but we probably won’t use

him, just if it’s necessary.

PRESIDING MEMBER: So, Mr. Interpreter, I’m just

going to ask you to take an affirmation in the event I

do need you to interpret.

INTERPRETER: Okay.

PRESIDING MEMBER: Just stand please.

IMAD ALOUBI, INTERPRETER, AFFIRMED:

PRESIDING MEMBER: Thank you. All right, so the

interpreter will be on standby in the event that there

is something that Mr. Jaser does not understand.

Now, this detention review hearing is being

conducted pursuant to Section 58 of the Immigration and

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Refugee Protection Act. Section 58 allows for the

Immigration Division to order the release of a

permanent resident or foreign national unless it is

satisfied, taking in to account prescribed factors.

That, a) they are a danger to the public, b) they’re

unlikely to appear for examination; admissibility

hearing; removal from Canada; or at a proceeding that

could lead to the making of removal order by the

Minister, c) they are inadmissible on grounds of

security or violation of human or international rights,

or lastly, d) in the opinion of the Minister the

foreign national’s identity has not been but may be

established.

So those are the four grounds under which a person’s

detention could be ordered continued by me. Should any

of these grounds apply in your case, yet I find that

the posting of a suitable bond that you could be

ordered released, then I would order release. Failing

that, I would order continued detention.

So at this time I’m going to hear from the

Minister’s counsel, after which I will hear from Mr.

Billingsley. Go ahead, please.

MINISTER’S COUNSEL: I’d like to begin by entering

as an exhibit, two documents, that I have provided both

to Mr. Billingsley, and to yourself, Madam Member. The

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first is the notice of arrest, and the second is the

CPIC printout.

PRESIDING MEMBER: We have a notice of arrest, two-

page document; it will be marked as detention review

exhibit no.1.

--- EXHIBIT DR NO.1: NOTICE OF ARREST OF PERSON

CONCERNED, 2-PAGES.

PRESIDING MEMBER: And the CPIC printout, two-pages,

will be detention review exhibit no.2.

--- EXHIBIT DR NO.2: CPIC PRINTOUT OF THE PERSON

CONCERNED, 2-PAGES.

PRESIDING MEMBER: Go ahead.

MINISTER’S COUNSEL: Mr. -- is it Jaser or Jaser?

Jaser, is that okay?

PERSON CONCERNED: Yes.

MINISTER’S COUNSEL: Mr. Jaser is not a Canadian

citizen, nor a permanent resident of Canada, he is a

citizen of the United Arab Emirates.

PERSON CONCERNED: No.

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PRESIDING MEMBER: You have a counsel. Please, you

can make corrections.

COUNSEL: His objections are he is actually a

stateless citizen, he’s not a citizen of the Arab

Emirates.

PRESIDING MEMBER: Well, you can make your

corrections later on.

MINISTER’S COUNSEL: On the 28th of March, 1993 Mr.

Jaser arrived at Pearson International Airport, along

with his father, mother, and two other siblings. The

family made a claim for refugee protection, and Mr.

Jaser was a dependent minor at that time.

On the 5th of April, 1993 Mr. Jaser’s refugee claim

was referred to the -- what was then the Convention

Refugee Determination Division, and a conditional

departure order was issued against him.

On the 8th of February, 1994 Mr. Jaser, along with

the rest of his family, received a negative refugee

decision. However, the family filed an appeal of this

decision on March the 4th, 1994, which was allowed on

consent and a (inaudible) hearing was scheduled for the

6th of January, 1998.

On the 6th of January, 1998 Mr. Jaser’s father

informed the panel that all of the family, except for

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Mr. Jaser, were expected to stay in Canada under the

deferred removal order class (inaudible). As a result

he -- Mr. Jaser’s father, mother, and two other

siblings withdrew their claim for refugee protection.

However, because Mr. Jaser at that time had

convictions registered against him he was not accepted

in to the DROC Program, and therefore proceeded with

the new refugee hearing by default.

On the 30th of October, 1998 Mr. Jaser was found not

to be a refugee. The rest of Mr. Jaser’s family are

now Canadian citizens.

On the 18th of August, 2004 the department issued a

warrant for Mr. Jaser’s arrest.

On the 23rd of August, 2004 this warrant was

executed by way of a proactive Immigration

investigation.

The Minister recommends Mr. Jaser’s continued

detention on the ground that he would be unlikely to

appear for removal.

The Minister notes Mr. Jaser’s criminal history,

which is set out in the CPIC printout. The Minister

notes that he has two prior convictions for failure to

comply with a recognisance. He also has four -- sorry,

five fraud related convictions.

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The Minister submits that the nature of these

convictions create concerns regarding his reliability.

The Minister also notes the details that are

provided in the remarks of the notice of arrest. I

won’t go in to too many details given that it’s all

been set out in writing.

The Minister highlights the fact that he has been

engaged in unauthorized employment, and that he has

previously used (inaudible).

The Minister understands that Mr. Jaser wishes to

remain in Canada, and that is demonstrated by his

having pursued a refugee claim. And also by the fact

that the rest of his family is here in Canada.

It was only by way of a proactive Immigration

investigation that the department was able to locate

Mr. Jaser. Thank you.

Oh, I should also mention -- sorry, that the pre-

removal risk assessment application has yet to be

served on Mr. Jaser. He is under a deportation order

at this time. The travel document is also outstanding;

the department has a copy of his birth certificate on

file at this time. Thank you.

PRESIDING MEMBER: Thank you. Counsel?

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COUNSEL: Thank you. Firstly, I just want to

confirm that the only issue that my friend has brought

up is whether he’s a risk to likely to appear for a

deportation; is that correct?

MINISTER’S COUNSEL: (inaudible).

COUNSEL: Okay. Firstly, Mr. Jaser is a stateless

person, he has no citizenship in any country. This is

where this all arises from, basically. I believe that

Citizenship and Immigration didn’t really know where to

deport him to.

Throughout this entire time his entire family,

including his parents, his brother, and his uncle are

all Canadian citizens.

Would you like me to slow down a little bit?

PRESIDING MEMBER: No, that’s fine.

COUNSEL: Obviously, he was waiting until he was

pardoned from the -- he has two criminal offences that

extend from two acts, one in 1997 of fraud, and one in

2001. This was the reason that he wasn’t granted

Canadian citizenship along with his parents, and his

entire family.

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He was in no way during this time attempting to

evade Citizenship and Immigration in any way, and I

don’t believe -- I’m not exactly sure why he was

detained at this exact point as he didn’t miss a

deportation order, or a time, there was nothing set up

for him, as we don’t know where we can send him.

The only evidence that my friend has put forward

regarding his unlikely to appear is his criminal

convictions, and I question the relevance of whether --

I -- I’m sorry.

PERSON CONCERNED: Your Honour, if you don’t mind.

I have never missed a Court date, my failure to comply

had nothing to do with me not showing up in Court. I

just would like you to know that, I have never missed a

Court in my life.

COUNSEL: That can also be confirmed also by his

probation officer, which I have the name that I can

give after this -- after my submissions.

He’s also paid taxes, he’s lived here since 1992, I

believe. Is it 1992?

PERSON CONCERNED: Since 1993.

COUNSEL: ‘93?

PERSON CONCERNED: Yes.

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COUNSEL: He’s lived her since this point, he didn’t

believe he was living here illegally, I don’t believe

he was. He has paid taxes which I have evidence of

here.

MINISTER’S COUNSEL: I don’t wish to see it.

COUNSEL: Okay. There’s no identification issue,

obviously.

I’m not sure when my friend is asking him to be

detained until as there’s no -- we don’t know where

he’s going to be deported to if he was to be deported.

Again, if there was a deportation against him I think

he’ll confirm that he would be more than willing to

cooperate with Citizenship and Immigration, or any

authorities, as he has throughout the entire time he’s

been here.

So all evidence leads toward him cooperating, and

all evidence leads towards him appearing at every

single hearing, or any site that authorities have asked

him to.

PRESIDING MEMBER: You realize that he does have a

deportation order at this time?

COUNSEL: Yes, but it hasn’t been -- there’s been no

date set.

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PRESIDING MEMBER: Right, okay.

COUNSEL: And still hasn’t got his pre-removal risk

assessment.

PRESIDING MEMBER: Right.

COUNSEL: And if the deportation order were -- if

the date were set I think he would confirm that he

would show -- he would cooperate completely.

PERSON CONCERNED: If I may, Your Honour. Obviously

I’m not, according to Immigration Canada of course, I

am not here on legal terms, which is fine.

If a deportation order were to go through I will

obviously appear. I will wait until such time that I

am able to come back here legally.

I can’t continue, Your Honour, I’m sorry.

COUNSEL: As I said, his entire family is here and

they are all Canadian citizens. His parents live here

and own a house, there’s evidence of -- I mean clear

evidence that there’s permanence with his family here.

I don’t believe this is a case -- I don’t believe

that a surety or bond is required but -- in this case,

obviously, but if required his uncle and his brother

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are here in this building and will any sort of bond or

surety document.

PRESIDING MEMBER: Uncle, and who?

COUNSEL: I’m sorry?

PRESIDING MEMBER: Uncle, and who?

COUNSEL: His brother. His parents right now are on

vacation, they will be back within a few weeks.

As I said, I don’t believe in this case that’s even

required if there’s absolutely no evidence that he

would be unlikely to appear. And there’s overwhelming

evidence that he has been completely cooperative

throughout his entire time here.

Those are my submissions unless there’s any thing

that you would like me to clarify, or speak further

upon.

PRESIDING MEMBER: I wanted to ask a question of the

Minister’s counsel. This proactive investigation that

was -- that took place, was there a request for Mr.

Jaser to appear and he failed to do so?

MINISTER’S COUNSEL: One moment, please.

(SHORT PAUSE)

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MINISTER’S COUNSEL: I may not have the complete

file from Immigration but let me see what I can find.

PRESIDING MEMBER: Sorry, go ahead.

MINISTER’S COUNSEL: I was just going to say, I’m

not seeing specific documents relating to what lead up

to the arrest. One moment please, sorry.

I don’t believe -- yeah, I’m not seeing a calling of

it on the file here. I don’t know -- I can’t confirm

that whether one was sent or not.

COUNSEL: And again, it’s our evidence that one

wasn’t sent, and he’s complied with everything.

PRESIDING MEMBER: Okay. Let’s talk about your

client having (inaudible) in Canada. Does he -- is he

working in his own name? (inaudible) in his own name,

or somebody else’s?

COUNSEL: In his own name.

PRESIDING MEMBER: All right.

COUNSEL: He’s working, here’s a letter from his

employer, (inaudible).

PRESIDING MEMBER: That was unauthorized work

(inaudible)?

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COUNSEL: I don’t believe -- he was paying -- You

were paying taxes with this ---

PERSON CONCERNED: I was -- I paid taxes at the end

of the year and --- I honestly -- I knew -- I didn’t

know that there was anything going on, like I didn’t

know that there was ---

PRESIDING MEMBER: Did you know you were under

deportation?

PERSON CONCERNED: I had no idea, Your Honour.

PRESIDING MEMBER: You didn’t?

PERSON CONCERNED: No, Ma’am. No, I didn’t. I did

not know; I didn’t receive anything. I didn’t get

anything.

PRESIDING MEMBER: Didn’t know that your refugee

status was -- refugee hearing had been denied?

PERSON CONCERNED: Yes, I am aware of that. I filed

an appeal right after, but ---

PRESIDING MEMBER: And what was the result of that?

PERSON CONCERNED: Nothing, I have noth -- I did not

get an answer from the appeal. That can be ---

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COUNSEL: It seems like the Citizenship and

Immigration, because he was a stateless person, didn’t

exactly know how to (inaudible).

PRESIDING MEMBER: That’s what you relied on?

COUNSEL: That’s what I’m assuming because ---

MINISTER’S COUNSEL: Sorry, was he determined to be

stateless at the Refugee Board?

COUNSEL: Yes, yes.

PERSON CONCERNED: I was said to be stateless by the

Court at that time of the decision.

MINISTER’S COUNSEL: Yeah, I can confirm that, I

have the Refugee Determination decision.

PRESIDING MEMBER: (inaudible).

MINISTER’S COUNSEL: I’ll read it just quickly;

“After taking in to account how the

(inaudible).”

PERSON CONCERNED: Your Honour?

PRESIDING MEMBER: Just a moment. Yes?

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PERSON CONCERNED: Your Honour, I am not a citizen of

the United Arab Emirates, I can’t be. It’s -- I am a

Palestinian by blood, that does not give me any rights

whatsoever in my place of birth. (inaudible).

COUNSEL: Well I think that’s accepted by everyone

as stateless.

PRESIDING MEMBER: Okay. What’s the name of the

uncle that’s here?

COUNSEL: I’ll just get the correct spelling.

Mahmoud Jaser, M-A-H-O-U-D; and Jaser, J-A-S-E-R, the

same as ---

PRESIDING MEMBER: And he’s a Canadian citizen?

COUNSEL: Yes he is. Would you like the brother’s

name also?

PRESIDING MEMBER: Yes, go ahead.

COUNSEL: Madil, M-A-D-I-L, and the same last name.

And he is also a Canadian citizen.

PRESIDING MEMBER: All right. Anything further from

the Minister’s counsel?

MINISTER’S COUNSEL: No, thank you.

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PRESIDING MEMBER: From the information before me

it’s clear that Mr. Jaser is not a citizen of Canada,

neither is he a permanent resident of Canada; he is a

person who is stateless at this time.

But, a person who is legally detained for removal

from Canada. Now, where he is removed to that is an

issue that has to be resolved by Immigration, but he is

a person who has a lawful order for his removal from

Canada.

He came to Canada back in 1993 with his parents and

two siblings, a claim was made at that time, and they

were issued with conditional departure orders. They

received negative decisions on the refugee claim; an

appeal was filed following that decision, but was

allowed on consent and a de novo hearing was to take

place.

The remainder of the family, except Mr. Jaser, the

subject of this hearing, were accepted under the

deferred removal category. However, he was not because

of a criminal conviction, (inaudible), and continued to

pursue his refugee claim.

In 1998 he was determined not to be a refugee. The

conditional order then became an effective order, and

subsequently now deemed a deportation order.

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Mr. Jaser was arrested following the issuance of a

warrant for his removal, he was arrested on the 23rd of

August of this year. Now, he’s a person who is

allegedly working illegally, and allegedly has used

numerous aliases while he has been in Canada.

His entire family are here and are resident, or

citizens of Canada. It’s clear that Mr. Jaser would

prefer to be in Canada, and that he would not desire to

leave this country.

Although it’s been indicated it is unknown at this

particular juncture where he would be deported to, but

from the information before me the fact that there is a

valid deportation order he is a person who would be

removed from Canada at some point.

Before that can take place, however, he is entitled

to access the pre-removal risk assessment program that

is available. He may be accepted under that, as well,

he could be denied under that program. There is no

travel document on file, although there is a copy of a

birth certificate.

So his removal from Canada is not imminent at this

time and so I’m prepared to issue an order of release,

I’m going to release him to his uncle.

I believe a release order is -- that a bond is

necessary because the eventuality is that removal will

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take place, and it is clear that he would not wish to

leave Canada, nor would his family desire him to leave

Canada.

There’s no history with respect to Immigration at

lease, of failure to comply with any -- with any

(inaudible) orders that have been issued. There

doesn’t appear to have been any notice sent to him to

appear for removal interview, and he failed to do so.

So at this time I’m prepared to issue a release

order. I’m going to issue an order for his release

from detention on the deposit of $3,000. dollars cash;

$3,000. dollars by the uncle, Mr. Mahmoud Jaser.

And the conditions will be that Mr. Raed Jaser

report as directed in writing for the making of removal

arrangements, and for removal.

There will be two standard conditions, he will also

be required to provide Immigration with a residential

address, and before changing that address he must

notify Immigration in person of any change. And the

requirement to report at a frequency of every 2-months

to the Immigration Reporting Centre.

A condition will be that subsequent to being

released that he not engage in any activity that may

result in a conviction under an Act of Parliament; and

that he cooperate with Immigration with respect to

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travel documents; and identity documents. Those would

be the conditions of release.

Ms Kim, is there anything further?

MINISTER’S COUNSEL: No, thank you.

PRESIDING MEMBER: All right. So if this release

order is not acted upon then there’s a requirement that

he be booked for a Member of the Immigration Division

in 7-days, and I’ll provide that date shortly.

Thank you, this matter is concluded.

--- HEARING CONCLUDED ---

I HEREBY DECLARE THAT THIS IS A TRUE

TRANSCRIPT OF THE TAPE AND THAT I

HAVE SWORN AN OATH OF SECRECY.

_____________________________

CINDY L. MOYLAN, TRANSCRIPTIONIST

FOR INTERNATIONAL ROSE

REPORTING (CENTRAL) INC.

August 31, 2004

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