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Ottawa, Ontario, July 6, 2006 - The Canada Border Services Agency confirmed today that, pursuant to the Immigration and Refugee Protection Act, it has removed an individual because there were reasonable grounds to believe he was a member of a terrorist organization.
"The Government of Canada stands firm in its commitment to maintaining the safety and security of all Canadians," said Stockwell Day, Minister of Public Safety. "We have a duty to enforce deportation orders issued against those who are deemed inadmissible to our country on security grounds."
Mr. Bachan Singh Sogi was found to be inadmissible to Canada on security grounds. He had the benefit of many avenues of recourse, as all individuals subject to removal do, including a pre-removal risk assessment to ensure that he would not be at risk if removed.
Having made use of all avenues of recourse available to him in Canada, Mr. Sogi was deemed to be inadmissible to Canada and the CBSA had an obligation to remove him. The Federal Court upheld Mr. Sogi's removal order.
The ability to remove people is key to maintaining the integrity of the immigration program and ensuring fairness for those who come to this country lawfully.
For more information, please see the following backgrounder.
Director of Communications
Office of the Honourable Stockwell Day
Minister of Public Safety
Canada has an internationally recognized, fair system for providing refuge for those fleeing persecution in their home country.
However, individuals deemed to be a security threat, in violation of human or international rights, or engaging in serious criminal activities are not eligible for refugee protection.
After determining that a foreign national or a permanent resident is inadmissible, removal orders are issued by the Immigration and Refugee Board of Canada.
Throughout this process, the individual in question has the right to counsel and the opportunity to respond to the Minister's counsel.
One who has been issued a removal order may seek judicial review before the Federal Court of Canada. A decision of the Federal Court may be appealed to the Federal Court of Appeal and, eventually the Supreme Court of Canada.
Before an individual is removed from Canada under a removal order, the individual is provided with the opportunity to apply to the Minister of Citizenship and Immigration for a pre-removal risk assessment (PRRA), which determines if the individual would be at risk of danger (i.e. torture, cruel and unusual punishment) if removed and returned to their country of nationality.
The individual has the opportunity to make submissions and to respond to any information that the Minister's Delegate will consider in rendering the decision on the application for protection.
A favourable PRRA decision would lead to the granting of protected person status or, in certain circumstances, a temporary stay of the removal order.
A decision to deny the PRRA application is subject to judicial review. Although the individual must leave Canada, as required by the removal order, the individual may apply for a stay of removal to the Federal Court pending judicial review of the PRRA decision.
After all appeals have been exhausted, it is the responsibility of the Minister of Public Safety to see that the deportation order is carried out.