Almrei (Re)

Almrei (Re)

The judge found the Ministers did not establish reasonable grounds to believe that Almrei's release under stringent conditions would be injurious to national security or that he would likely abscond. Given the passage of seven years, lack of imminent removal, absence of compelling recent evidence in the public record that conditions would be ineffective, and availability of tailored, intensive monitoring and sureties, release under strict conditions was ordered pending the reasonableness determination of the security certificate.

Citation
2009 FC 3
Parties
Named Person / Detainee (subject of Security Certificate): Hassan Almrei; Respondents (ministers Issuing Certificate): Minister of Citizenship and Immigration; Minister of Public Safety and Emergency Preparedness; Intervenors Representing Interests in Closed Proceedings: Special Advocates
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 January 2009
Procedural Posture
Security Certificate Detention Review Under IRPA / Detention Review Hearing and Order for Conditional Release Pending Reasonableness Proceedings
Outcome
Ordered release from detention under strict conditions pending determination of reasonableness of the security certificate and any eventual removal proceedings.
Legal Topics
Security Certificate, Detention Review, Procedural Fairness, Disclosure of Classified Information, Special Advocate Regime, Release Conditions, Standard of Proof
Source Language
English
Immigration Law National Security Law Administrative Law Constitutional / Charter Law Evidence Law Security Certificate Detention Review Procedural Fairness +4 more

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Parties

Hassan Almrei

Named Person / Detainee (subject of Security Certificate)

Minister of Citizenship and Immigration; Minister of Public Safety and Emergency Preparedness

Respondents (ministers Issuing Certificate)

Special Advocates

Intervenors Representing Interests in Closed Proceedings

Procedural Posture

Security Certificate Detention Review Under IRPA / Detention Review Hearing and Order for Conditional Release Pending Reasonableness Proceedings

Legal Issues

  1. 1 Whether continued detention of named person is justified under s.82(5) IRPA
  2. 2 Whether release on conditions would be injurious to national security or likely to lead to absconding
  3. 3 Effect of prolonged detention on risk assessment

Ratio Decidendi

The judge found the Ministers did not establish reasonable grounds to believe that Almrei's release under stringent conditions would be injurious to national security or that he would likely abscond. Given the passage of seven years, lack of imminent removal, absence of compelling recent evidence in the public record that conditions would be ineffective, and availability of tailored, intensive monitoring and sureties, release under strict conditions was ordered pending the reasonableness determination of the security certificate.

Court Disposition

Ordered release from detention under strict conditions pending determination of reasonableness of the security certificate and any eventual removal proceedings.

Orders

  • Release detainee Hassan Almrei from detention and set strict conditions for release pursuant to s.82(5)(b) IRPA.
  • Conditions to include (inter alia): 24/7 CBSA physical surveillance of premises; security cameras at all entrances; prior notification and vetting of persons entering premises; no access to cell phones, Internet‑capable devices or pagers; installation of monitored video‑phone; CBSA monitoring of telephone line(s);...