The Ramblings of Munro

Imigration Refugee Hearings in Vancouver

Friday Update:

I attended two hearings yesterday, so far 16 individuals have had their initial hearing and the process is going slow, although it is likely to be streamlined for the remaining as the govt has established that they have not had adequate time to determine the ID of the individuals.

Detainees appeared via phone conference with an interpreter present. The govt had grouped people into 4 for their hearings but claimants council successfully fought to have individual hearings. The 2 hearings I attended began as a group hearing on Wednesday and were split into individual hearing on Thursday. The first hour of the hearing was to determine the publication ban - established media are permitted to attend but the hearings are closed to the public unless the claimants authorizes the individuals which was the basis of my attendance.

On Wednesday, the govt stated they would be proceeding on an argument that the individuals are a flight risk but they may also introduce an argument that they have not established identity. When we arrived on Thursday, the govt began with the ID argument and did not mention flight risk. The detainees council protested procedural inequity for his client as he had based his efforts on flight risk and not ID. The govt confirmed that they were not proceeding on flight risk for the time being but may introduce the argument at a later hearing.

In the end, the govt provided an opinion they not established ID and successfully argued later that the IRB does not have the authority to release the client but only to state an opinion on the govts efforts to establish ID.

The remaining three cases proceeded quickly as the govt provided the same opinion that ID was not established. All four were sent back for detention.

The IRB has indicated that they will be moving to evening and weekend hearings to speed up the process.

For the two hearings I attended, both had family that has come forward. A sibling testified that 3 siblings of the detainee are all Can citizens living together with their mother who is a landed immigrant in another province and they would welcome their brother to move in with them. They provided a copy of the claimants birth certificate as well as photos of the claimant with family members. the claimants council had these entered into the record for a future arguments on identity and flight risk.

The claimant also stated that the RCMP requested names of family members in Canada on two occasions. First when they were on the boat and again when they were in the detention centre. The family members who testified yesterday confirmed that no one has contacted them and they first heard their family member was one of the claimants was from the lawyer representing the claimant.

There is one minor being detained in a separate facility and BC youth services is involved. The minor has council who he has not been able to meet with yet - council will be attempting to meet with the minor today.

We are also told by people who have had contact that the other detainees ages widely range and several of the individuals are professionals.

Question that might be raised: As detainees are appearing via phone conference, why isn't the IRB also conducting hearings in Toronto? The IRB has used a translator in Toronto via a phone link but have not used any of IRB panel members to ensure that the individuals rights to a timely hearing are being met.

Labels: tamil refugee vancouver IRB

posted by Munro @ 11:01 AM