It has been ruled by a federal judge that an adjudicator from the Immigration and Refugee Board in Vancouver has committed an error pertaining to the decision of a Tamil migrant who came to Canada via the MV Sun in September.
As per the ruling, this is the first time that the government has successfully challenged the release of a migrant. This means that the migrant who has three children has to be further detained and has to appeal for her detention to be reviewed each month. According to the Duty Counsel for the immigrant, Douglas Cannon, the decision on whether or not to appeal has not yet come about.
This woman was not carrying any form of identification documents when had arrived. As per the woman, her passport was taken away by the agent who had organized the entire trip.
While the review on the woman’s decision was being conducted, Michael McPhalen, the Immigration and Refugee Board Adjudicator identified that enough efforts are not being made by the government so as to prove the identity of the woman. The government had also not contacted the members of her family.
So, the adjudicator had ordered for her release provided that she reports to the Canada Border Services Agency every month. More so, she must cooperate with the agency in order to acquire the documents pertaining to her identity.
However, as per the Judge, the government had made all the effort to contact the woman’s mother. This fact was not known at that point of time. This clearly tells the importance of maintaining caution especially when the subject of criticism is the government. It projects the nature of these reviews which can be considered as being rough and ready. Also, the Judge said that the IRB adjudicator has not considered that the asylum seeker was not exactly forthcoming when it came to getting in touch with her family members.