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Immigration And Refugee Board

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-IMMIGRATION DIVISIONRecord of a Detention Review under the

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Immigration and Refugee Protection Act, concerning RAED JASER

25 HELD AT: 30 Toronto West Detention Centre Toronto, Ontario August 25, 2004 F. Douglas - Presiding Member

DATE: BEFORE:

35 APPEARANCES: 40 R. Jaser S. Kim A. Billingsley I. Alayoubi Person Concerned Ministers Counsel Counsel Interpreter

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PRESIDING MEMBER: 2004. 5Board.

Today is the 25th day of August,

My name is Frederica Douglas, a Member of the

Immigration Division of the Immigration and Refugee

Ive been asked to come here to the Toronto West Detention Centre to conduct a detention review hearing concerning Mr. Raed Jaser; thats you? 10 PERSON CONCERNED: PRESIDING MEMBER: 15 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 20Id ask that you state your name, please. COUNSEL: My name is Alex Billingsley; Im a Yes, Maam. The Ministers counsel this

morning is Ms. Suzie Kim.

barrister and solicitor in Toronto. 25 PRESIDING MEMBER: MINISTERS COUNSEL: last name. 30 COUNSEL: Sorry, Billingsley, B-I-L-L-I-N-G-S-L-E-Y. Thank you. Im sorry; I didnt get your

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PRESIDING MEMBER:

We also have present at this

hearing is an interpreter speaking the Arabic language, Mr. Imad Alayoubi. 5 INTERPRETER: Good morning, Madam. Good morning. Counsel, youve

PRESIDING MEMBER:

been -- indicated, and your client has indicated, that 10the 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 wont use him, just if its necessary. 15 PRESIDING MEMBER: So, Mr. Interpreter, Im just going to ask you to take an affirmation in the event I do need you to interpret. 20 INTERPRETER: Okay. Just stand please.

PRESIDING MEMBER:

IMAD ALOUBI, INTERPRETER, AFFIRMED: 25 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.

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Now, this detention review hearing is being conducted pursuant to Section 58 of the Immigration and Refugee Protection Act. Section 58 allows for the Immigration Division to order the release of a 5permanent resident or foreign national unless it is satisfied, taking in to account prescribed factors. That, a) they are a danger to the public, b) theyre unlikely to appear for examination; admissibility 10hearing; 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 15the foreign nationals identity has not been but may be established. So those are the four grounds under which a persons detention could be ordered continued by me. Should 20any 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. that, I would order continued detention. 25 So at this time Im going to hear from the Ministers counsel, after which I will hear from Mr. Billingsley. Go ahead, please. Id like to begin by entering Failing

MINISTERS COUNSEL:

30as an exhibit, two documents, that I have provided

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both to Mr. Billingsley, and to yourself, Madam Member. The first is the notice of arrest, and the second is the CPIC printout. 5 PRESIDING MEMBER: exhibit no.1. --- EXHIBIT DR NO.1: 10 PRESIDING MEMBER: NOTICE OF ARREST OF PERSON CONCERNED, 2-PAGES. And the CPIC printout, two-pages, We have a notice of arrest, two-

page document; it will be marked as detention review

will be detention review exhibit no.2. 15--- EXHIBIT DR NO.2: CPIC PRINTOUT OF THE PERSON CONCERNED, 2-PAGES. PRESIDING MEMBER: 20 MINISTERS COUNSEL: Jaser, is that okay? PERSON CONCERNED: 25 MINISTERS COUNSEL: Yes. Mr. Jaser is not a Canadian Go ahead. Mr. -- is it Jaser or Jaser?

citizen, nor a permanent resident of Canada, he is a citizen of the United Arab Emirates. PERSON CONCERNED: 30 No.

- 6 PRESIDING MEMBER: can make corrections.

0003-A4-01628 You have a counsel. Please, you

COUNSEL: His objections are he is actually a 5stateless citizen, hes not a citizen of the Arab Emirates. PRESIDING MEMBER: corrections later on. 10 MINISTERS COUNSEL: On the 28th of March, 1993 Mr. The Jaser arrived at Pearson International Airport, along with his father, mother, and two other siblings. 15Jaser was a dependent minor at that time. On the 5th of April, 1993 Mr. Jasers refugee claim was referred to the -- what was then the Convention Refugee Determination Division, and a conditional 20departure 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 25decision 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. Jasers father 30informed the panel that all of the family, except for family made a claim for refugee protection, and Mr. Well, you can make your

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Mr. Jaser, were expected to stay in Canada under the deferred removal order class (inaudible). As a result he -- Mr. Jasers father, mother, and two other siblings withdrew their claim for refugee protection. 5 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. 10 On the 30th of October, 1998 Mr. Jaser was found not to be a refugee. The rest of Mr. Jasers family are now Canadian citizens. 15 On the 18th of August, 2004 the department issued a warrant for Mr. Jasers arrest. On the 23rd of August, 2004 this warrant was executed by way of a proactive Immigration 20investigation. The Minister recommends Mr. Jasers continued detention on the ground that he would be unlikely to appear for removal. 25 The Minister notes Mr. Jasers criminal history, which is set out in the CPIC printout. comply with a recognisance. The Minister notes that he has two prior convictions for failure to He also has four -30sorry, five fraud related convictions.

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The Minister submits that the nature of these convictions create concerns regarding his reliability. 5 The Minister also notes the details that are provided in the remarks of the notice of arrest. been set out in writing. 10 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 15remain 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 20investigation that the department was able to locate Mr. Jaser. Thank you. I wont go in to too many details given that its all

Oh, I should also mention -- sorry, that the preremoval risk assessment application has yet to be 25served on Mr. Jaser. at this time. He is under a deportation order The travel document is also Thank you. Counsel?

outstanding; the department has a copy of his birth certificate on file at this time. 30 PRESIDING MEMBER: Thank you.

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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 hes a risk to likely to appear for a 5deportation; is that correct? MINISTERS COUNSEL: COUNSEL: Okay. (inaudible).

Firstly, Mr. Jaser is a stateless This is I believe that

10person, he has no citizenship in any country. where this all arises from, basically. to deport him to. 15

Citizenship and Immigration didnt really know where

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?

20 PRESIDING MEMBER: COUNSEL: No, thats fine.

Obviously, he was waiting until he was

pardoned from the -- he has two criminal offences that 25extend from two acts, one in 1997 of fraud, and one in 2001. This was the reason that he wasnt 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 dont believe -- Im not exactly sure why he was detained at this exact point as he didnt miss a 5deportation order, or a time, there was nothing set up for him, as we dont know where we can send him. The only evidence that my friend has put forward regarding his unlikely to appear is his criminal 10convictions, and I question the relevance of whether -- I -- Im sorry. PERSON CONCERNED: Your Honour, if you dont mind. I

I have never missed a Court date, my failure to comply 15had nothing to do with me not showing up in Court. a Court in my life. COUNSEL: That can also be confirmed also by his just would like you to know that, I have never missed

20probation officer, which I have the name that I can give after this -- after my submissions. Hes also paid taxes, hes lived here since 1992, I believe. 25 PERSON CONCERNED: COUNSEL: 30 93? Yes. Since 1993. Is it 1992?

PERSON CONCERNED:

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COUNSEL: he was. 5here.

Hes lived her since this point, he didnt

believe he was living here illegally, I dont believe He has paid taxes which I have evidence of

MINISTERS COUNSEL: COUNSEL: 10obviously. Okay.

I dont wish to see it.

Theres no identification issue,

Im not sure when my friend is asking him to be detained until as theres no -- we dont know where hes going to be deported to if he was to be deported. 15Again, if there was a deportation against him I think hell confirm that he would be more than willing to cooperate with Citizenship and Immigration, or any authorities, as he has throughout the entire time hes been here. 20 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. 25 PRESIDING MEMBER: You realize that he does have a deportation order at this time? COUNSEL: 30date set. Yes, but it hasnt been -- theres been no

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PRESIDING MEMBER: COUNSEL: 5assessment. PRESIDING MEMBER: COUNSEL:

Right, okay.

And still hasnt got his pre-removal risk

Right.

And if the deportation order were -- if

10the date were set I think he would confirm that he would show -- he would cooperate completely. PERSON CONCERNED: If I may, Your Honour. Obviously

Im not, according to Immigration Canada of course, I 15am not here on legal terms, which is fine. If a deportation order were to go through I will obviously appear. 20 I cant continue, Your Honour, Im sorry. COUNSEL: As I said, his entire family is here and His parents live here I will wait until such time that I am able to come back here legally.

they are all Canadian citizens.

25and own a house, theres evidence of -- I mean clear evidence that theres permanence with his family here. I dont believe this is a case -- I dont believe that a surety or bond is required but -- in this case, 30obviously, 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: 5 COUNSEL: Im sorry? Uncle, and who? His parents right now are on Uncle, and who?

PRESIDING MEMBER: 10 COUNSEL:

His brother.

vacation, they will be back within a few weeks. As I said, I dont believe in this case thats even required if theres absolutely no evidence that he 15would be unlikely to appear. And theres overwhelming evidence that he has been completely cooperative throughout his entire time here. Those are my submissions unless theres any thing 20that you would like me to clarify, or speak further upon. PRESIDING MEMBER: Ministers counsel. I wanted to ask a question of the This proactive investigation that

25was -- that took place, was there a request for Mr. Jaser to appear and he failed to do so? MINISTERS COUNSEL: 30 One moment, please. (SHORT PAUSE)

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0003-A4-01628 I may not have the complete

file from Immigration but let me see what I can find. PRESIDING MEMBER: 5 MINISTERS COUNSEL: to the arrest. 10 I was just going to say, Im not seeing specific documents relating to what lead up One moment please, sorry. Sorry, go ahead.

I dont believe -- yeah, Im not seeing a calling of it on the file here. I dont know -- I cant confirm that whether one was sent or not. COUNSEL: And again, its our evidence that one

15wasnt sent, and hes complied with everything. PRESIDING MEMBER: Okay. Lets talk about your Does he -- is he

client having (inaudible) in Canada. 20or somebody elses? COUNSEL: In his own name. All right.

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

PRESIDING MEMBER: 25 COUNSEL:

Hes working, heres a letter from his

employer, (inaudible). PRESIDING MEMBER: 30(inaudible)? That was unauthorized work

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COUNSEL:

I dont believe -- he was paying --

You

were paying taxes with this --5 PERSON CONCERNED: of the year and --I was -- I paid taxes at the end I honestly -- I knew -- I didnt

know that there was anything going on, like I didnt know that there was --10 PRESIDING MEMBER: deportation? PERSON CONCERNED: 15 PRESIDING MEMBER: PERSON CONCERNED: anything. 20 PRESIDING MEMBER: Didnt know that your refugee status was -- refugee hearing had been denied? PERSON CONCERNED: Yes, I am aware of that. I filed I had no idea, Your Honour. You didnt? No, Maam. No, I didnt. I did Did you know you were under

not know; I didnt receive anything.

I didnt get

25an appeal right after, but --PRESIDING MEMBER: PERSON CONCERNED: And what was the result of that? Nothing, I have noth -- I did not That can be ---

30get an answer from the appeal.

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COUNSEL:

It seems like the Citizenship and

Immigration, because he was a stateless person, didnt exactly know how to (inaudible). 5 PRESIDING MEMBER: COUNSEL: 10 Thats what you relied on?

Thats what Im assuming because --Sorry, was he determined to be

MINISTERS COUNSEL:

stateless at the Refugee Board? COUNSEL: 15 Yes, yes. I was said to be stateless by the

PERSON CONCERNED:

Court at that time of the decision. MINISTERS COUNSEL: 20 PRESIDING MEMBER: MINISTERS COUNSEL: 25 (inaudible). Ill read it just quickly; Yeah, I can confirm that, I

have the Refugee Determination decision.

After taking in to account how the (inaudible). PERSON CONCERNED: Your Honour? Just a moment. Yes?

30

PRESIDING MEMBER:

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PERSON CONCERNED: Your Honour, I am not a citizen of the United Arab Emirates, I cant be. 5whatsoever in my place of birth. COUNSEL: Its -- I am a Palestinian by blood, that does not give me any rights (inaudible).

Well I think thats accepted by everyone

as stateless. 10 PRESIDING MEMBER: uncle thats here? COUNSEL: 15same as --PRESIDING MEMBER: COUNSEL: 20name also? PRESIDING MEMBER: COUNSEL: Yes, go ahead. And hes a Canadian citizen? Would you like the brothers Ill just get the correct spelling. Okay. Whats the name of the

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

Yes he is.

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

25And he is also a Canadian citizen. PRESIDING MEMBER: All right. Anything further from

the Ministers counsel? 30 MINISTERS COUNSEL: No, thank you.

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PRESIDING MEMBER:

From the information before me

its clear that Mr. Jaser is not a citizen of Canada, neither is he a permanent resident of Canada; he is a 5person 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 10is 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 15were 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. 20 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 25continued to pursue his refugee claim. In 1998 he was determined not to be a refugee. subsequently now deemed a deportation order. 30 The

conditional order then became an effective order, and

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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, hes a person who is allegedly working illegally, and allegedly has used 5numerous aliases while he has been in Canada. His entire family are here and are resident, or citizens of Canada. Its clear that Mr. Jaser would prefer to be in Canada, and that he would not desire 10to leave this country. Although its 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 15a 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 20is available. He may be accepted under that, as well, There is no he could be denied under that program. birth certificate. 25 So his removal from Canada is not imminent at this time and so Im prepared to issue an order of release, Im going to release him to his uncle. I believe a release order is -- that a bond is 30necessary because the eventuality is that removal will

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

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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. 5 Theres no history with respect to Immigration at lease, of failure to comply with any -- with any (inaudible) orders that have been issued. There doesnt appear to have been any notice sent to him to appear for removal interview, and he failed to do so. 10 So at this time Im prepared to issue a release order. Im 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. 15 And the conditions will be that Mr. Raed Jaser report as directed in writing for the making of removal arrangements, and for removal. 20 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. 25to 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 30that he cooperate with Immigration with respect to And the requirement to report at a frequency of every 2-months

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travel documents; and identity documents. be the conditions of release. Ms Kim, is there anything further? 5 MINISTERS COUNSEL: PRESIDING MEMBER: No, thank you. All right.

So if this release

order is not acted upon then theres a requirement 10that he be booked for a Member of the Immigration Division in 7-days, and Ill provide that date shortly. Thank you, this matter is concluded. 15--- HEARING CONCLUDED ---

I HEREBY DECLARE THAT THIS IS A TRUE TRANSCRIPT OF THE TAPE AND THAT I 20HAVE SWORN AN OATH OF SECRECY. _____________________________ CINDY L. MOYLAN, TRANSCRIPTIONIST FOR INTERNATIONAL ROSE 25REPORTING (CENTRAL) INC. August 31, 2004