Saturday, February 8, 2014

Our wonderful immigration department and our superb justice system


Both will be the death of us.  One brings in planeloads of Muslims and the other fights with teeth and dagger to keep the deportable from deportation. 

Michael Friscolanti writing at Macleans:
....How Ottawa’s ‘Wanted’ list jeopardized deportation hopes.
A high-profile arrest put one man in the spotlight, and now he risks torture back home—which means Canada can’t remove him.

By his own admission, Arshad Muhammad is a successful liar. A Sunni Muslim from Pakistan, he used a fake Italian passport to fly into Canada and file a refugee application. When his asylum claim was refused (because of his alleged membership in a terrorist organization), he assured the federal government he would go home—only to flee Montreal for Toronto and disappear. And, while living on the lam over the next eight years, Muhammad managed to elude authorities by working cash-only construction jobs and using yet another bogus name to register his cellphone. On paper, at least, he no longer existed.


Today, the 45-year-old is behind bars for one reason: a “Most Wanted” website launched in July 2011 by the Canada Border Services Agency (CBSA), featuring the names and mug shots of 30 suspected war criminals who vanished before Ottawa could deport them. Muhammad was among the first fugitives busted by the list, arrested just one day after his blurry photo appeared online. (He was shopping at a tile store in the Toronto suburb of Mississauga, Ont., ordering supplies for a bathroom renovation, when an off-duty police officer recognized his face.)

At a press conference the next day, then-immigration minister Jason Kenney celebrated the arrest—more proof, he said, that the controversial website worked. Within weeks, the Harper government expanded the headline-friendly initiative to include other non-citizen fugitives (including dangerous foreigners ordered out because they committed crimes in Canada), and, at last count, more than 40 wanted people have been found and expelled, thanks to tips from the public.

Yet, 2½ years after his cover was blown, Muhammad is still here—threatening, from his jail cell, to strike a major legal blow to the same program that flushed him out of hiding. His latest Federal Court case, now in the hands of a judge, accuses government officials of improperly meddling with his file in a desperate attempt to save the Conservatives’ new program from an embarrassing scenario: that Muhammad would be allowed to stay in Canada because the feds posted his picture for the world to see........

.........Although the border agency is in charge of enforcement, it’s the immigration department that conducts the risk assessments. The first step in the process is an “opinion” rendered by an immigration officer. In Muhammad’s case, the officer sided with him, concluding that the two labels now attached to his name—war criminal and terrorist—make it “more likely than not” he would be treated harshly by Pakistani authorities.......

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