toronto terror suspect raed jaser: refugee document
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Immigration And Refugee Board
-IMMIGRATION DIVISION-
Record of a Detention Review under the
Immigration and Refugee Protection Act, concerning
RAED JASER
HELD AT: Toronto West Detention CentreToronto, Ontario
DATE: August 25, 2004
BEFORE: F. Douglas - Presiding Member
APPEARANCES:
R. Jaser - Person ConcernedS. Kim - Minister’s CounselA. Billingsley - CounselI. Alayoubi - Interpreter
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PRESIDING MEMBER: Today is the 25th day of August,
2004. My name is Frederica Douglas, a Member of the
Immigration Division of the Immigration and Refugee
Board.
I’ve been asked to come here to the Toronto West
Detention Centre to conduct a detention review hearing
concerning Mr. Raed Jaser; that’s you?
PERSON CONCERNED: Yes, Ma’am.
PRESIDING MEMBER: The Minister’s counsel this
morning is Ms. Suzie Kim.
Persons who have matters before the Board, such as
this hearing, may at their own expense engage the
services of a barrister; solicitor; or other counsel.
And I do note the presence of counsel, for the record
I’d ask that you state your name, please.
COUNSEL: My name is Alex Billingsley; I’m a
barrister and solicitor in Toronto.
PRESIDING MEMBER: Thank you.
MINISTER’S COUNSEL: I’m sorry; I didn’t get your
last name.
COUNSEL: Sorry, Billingsley, B-I-L-L-I-N-G-S-L-E-Y.
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PRESIDING MEMBER: We also have present at this
hearing is an interpreter speaking the Arabic language,
Mr. Imad Alayoubi.
INTERPRETER: Good morning, Madam.
PRESIDING MEMBER: Good morning. Counsel, you’ve
been -- indicated, and your client has indicated, that
the interpreter is not required; is that correct?
COUNSEL: I think the client has stated that he
would like him to be here, but we probably won’t use
him, just if it’s necessary.
PRESIDING MEMBER: So, Mr. Interpreter, I’m just
going to ask you to take an affirmation in the event I
do need you to interpret.
INTERPRETER: Okay.
PRESIDING MEMBER: Just stand please.
IMAD ALOUBI, INTERPRETER, AFFIRMED:
PRESIDING MEMBER: Thank you. All right, so the
interpreter will be on standby in the event that there
is something that Mr. Jaser does not understand.
Now, this detention review hearing is being
conducted pursuant to Section 58 of the Immigration and
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Refugee Protection Act. Section 58 allows for the
Immigration Division to order the release of a
permanent resident or foreign national unless it is
satisfied, taking in to account prescribed factors.
That, a) they are a danger to the public, b) they’re
unlikely to appear for examination; admissibility
hearing; removal from Canada; or at a proceeding that
could lead to the making of removal order by the
Minister, c) they are inadmissible on grounds of
security or violation of human or international rights,
or lastly, d) in the opinion of the Minister the
foreign national’s identity has not been but may be
established.
So those are the four grounds under which a person’s
detention could be ordered continued by me. Should any
of these grounds apply in your case, yet I find that
the posting of a suitable bond that you could be
ordered released, then I would order release. Failing
that, I would order continued detention.
So at this time I’m going to hear from the
Minister’s counsel, after which I will hear from Mr.
Billingsley. Go ahead, please.
MINISTER’S COUNSEL: I’d like to begin by entering
as an exhibit, two documents, that I have provided both
to Mr. Billingsley, and to yourself, Madam Member. The
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first is the notice of arrest, and the second is the
CPIC printout.
PRESIDING MEMBER: We have a notice of arrest, two-
page document; it will be marked as detention review
exhibit no.1.
--- EXHIBIT DR NO.1: NOTICE OF ARREST OF PERSON
CONCERNED, 2-PAGES.
PRESIDING MEMBER: And the CPIC printout, two-pages,
will be detention review exhibit no.2.
--- EXHIBIT DR NO.2: CPIC PRINTOUT OF THE PERSON
CONCERNED, 2-PAGES.
PRESIDING MEMBER: Go ahead.
MINISTER’S COUNSEL: Mr. -- is it Jaser or Jaser?
Jaser, is that okay?
PERSON CONCERNED: Yes.
MINISTER’S COUNSEL: Mr. Jaser is not a Canadian
citizen, nor a permanent resident of Canada, he is a
citizen of the United Arab Emirates.
PERSON CONCERNED: No.
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PRESIDING MEMBER: You have a counsel. Please, you
can make corrections.
COUNSEL: His objections are he is actually a
stateless citizen, he’s not a citizen of the Arab
Emirates.
PRESIDING MEMBER: Well, you can make your
corrections later on.
MINISTER’S COUNSEL: On the 28th of March, 1993 Mr.
Jaser arrived at Pearson International Airport, along
with his father, mother, and two other siblings. The
family made a claim for refugee protection, and Mr.
Jaser was a dependent minor at that time.
On the 5th of April, 1993 Mr. Jaser’s refugee claim
was referred to the -- what was then the Convention
Refugee Determination Division, and a conditional
departure order was issued against him.
On the 8th of February, 1994 Mr. Jaser, along with
the rest of his family, received a negative refugee
decision. However, the family filed an appeal of this
decision on March the 4th, 1994, which was allowed on
consent and a (inaudible) hearing was scheduled for the
6th of January, 1998.
On the 6th of January, 1998 Mr. Jaser’s father
informed the panel that all of the family, except for
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Mr. Jaser, were expected to stay in Canada under the
deferred removal order class (inaudible). As a result
he -- Mr. Jaser’s father, mother, and two other
siblings withdrew their claim for refugee protection.
However, because Mr. Jaser at that time had
convictions registered against him he was not accepted
in to the DROC Program, and therefore proceeded with
the new refugee hearing by default.
On the 30th of October, 1998 Mr. Jaser was found not
to be a refugee. The rest of Mr. Jaser’s family are
now Canadian citizens.
On the 18th of August, 2004 the department issued a
warrant for Mr. Jaser’s arrest.
On the 23rd of August, 2004 this warrant was
executed by way of a proactive Immigration
investigation.
The Minister recommends Mr. Jaser’s continued
detention on the ground that he would be unlikely to
appear for removal.
The Minister notes Mr. Jaser’s criminal history,
which is set out in the CPIC printout. The Minister
notes that he has two prior convictions for failure to
comply with a recognisance. He also has four -- sorry,
five fraud related convictions.
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The Minister submits that the nature of these
convictions create concerns regarding his reliability.
The Minister also notes the details that are
provided in the remarks of the notice of arrest. I
won’t go in to too many details given that it’s all
been set out in writing.
The Minister highlights the fact that he has been
engaged in unauthorized employment, and that he has
previously used (inaudible).
The Minister understands that Mr. Jaser wishes to
remain in Canada, and that is demonstrated by his
having pursued a refugee claim. And also by the fact
that the rest of his family is here in Canada.
It was only by way of a proactive Immigration
investigation that the department was able to locate
Mr. Jaser. Thank you.
Oh, I should also mention -- sorry, that the pre-
removal risk assessment application has yet to be
served on Mr. Jaser. He is under a deportation order
at this time. The travel document is also outstanding;
the department has a copy of his birth certificate on
file at this time. Thank you.
PRESIDING MEMBER: Thank you. Counsel?
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COUNSEL: Thank you. Firstly, I just want to
confirm that the only issue that my friend has brought
up is whether he’s a risk to likely to appear for a
deportation; is that correct?
MINISTER’S COUNSEL: (inaudible).
COUNSEL: Okay. Firstly, Mr. Jaser is a stateless
person, he has no citizenship in any country. This is
where this all arises from, basically. I believe that
Citizenship and Immigration didn’t really know where to
deport him to.
Throughout this entire time his entire family,
including his parents, his brother, and his uncle are
all Canadian citizens.
Would you like me to slow down a little bit?
PRESIDING MEMBER: No, that’s fine.
COUNSEL: Obviously, he was waiting until he was
pardoned from the -- he has two criminal offences that
extend from two acts, one in 1997 of fraud, and one in
2001. This was the reason that he wasn’t granted
Canadian citizenship along with his parents, and his
entire family.
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He was in no way during this time attempting to
evade Citizenship and Immigration in any way, and I
don’t believe -- I’m not exactly sure why he was
detained at this exact point as he didn’t miss a
deportation order, or a time, there was nothing set up
for him, as we don’t know where we can send him.
The only evidence that my friend has put forward
regarding his unlikely to appear is his criminal
convictions, and I question the relevance of whether --
I -- I’m sorry.
PERSON CONCERNED: Your Honour, if you don’t mind.
I have never missed a Court date, my failure to comply
had nothing to do with me not showing up in Court. I
just would like you to know that, I have never missed a
Court in my life.
COUNSEL: That can also be confirmed also by his
probation officer, which I have the name that I can
give after this -- after my submissions.
He’s also paid taxes, he’s lived here since 1992, I
believe. Is it 1992?
PERSON CONCERNED: Since 1993.
COUNSEL: ‘93?
PERSON CONCERNED: Yes.
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COUNSEL: He’s lived her since this point, he didn’t
believe he was living here illegally, I don’t believe
he was. He has paid taxes which I have evidence of
here.
MINISTER’S COUNSEL: I don’t wish to see it.
COUNSEL: Okay. There’s no identification issue,
obviously.
I’m not sure when my friend is asking him to be
detained until as there’s no -- we don’t know where
he’s going to be deported to if he was to be deported.
Again, if there was a deportation against him I think
he’ll confirm that he would be more than willing to
cooperate with Citizenship and Immigration, or any
authorities, as he has throughout the entire time he’s
been here.
So all evidence leads toward him cooperating, and
all evidence leads towards him appearing at every
single hearing, or any site that authorities have asked
him to.
PRESIDING MEMBER: You realize that he does have a
deportation order at this time?
COUNSEL: Yes, but it hasn’t been -- there’s been no
date set.
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PRESIDING MEMBER: Right, okay.
COUNSEL: And still hasn’t got his pre-removal risk
assessment.
PRESIDING MEMBER: Right.
COUNSEL: And if the deportation order were -- if
the date were set I think he would confirm that he
would show -- he would cooperate completely.
PERSON CONCERNED: If I may, Your Honour. Obviously
I’m not, according to Immigration Canada of course, I
am not here on legal terms, which is fine.
If a deportation order were to go through I will
obviously appear. I will wait until such time that I
am able to come back here legally.
I can’t continue, Your Honour, I’m sorry.
COUNSEL: As I said, his entire family is here and
they are all Canadian citizens. His parents live here
and own a house, there’s evidence of -- I mean clear
evidence that there’s permanence with his family here.
I don’t believe this is a case -- I don’t believe
that a surety or bond is required but -- in this case,
obviously, but if required his uncle and his brother
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are here in this building and will any sort of bond or
surety document.
PRESIDING MEMBER: Uncle, and who?
COUNSEL: I’m sorry?
PRESIDING MEMBER: Uncle, and who?
COUNSEL: His brother. His parents right now are on
vacation, they will be back within a few weeks.
As I said, I don’t believe in this case that’s even
required if there’s absolutely no evidence that he
would be unlikely to appear. And there’s overwhelming
evidence that he has been completely cooperative
throughout his entire time here.
Those are my submissions unless there’s any thing
that you would like me to clarify, or speak further
upon.
PRESIDING MEMBER: I wanted to ask a question of the
Minister’s counsel. This proactive investigation that
was -- that took place, was there a request for Mr.
Jaser to appear and he failed to do so?
MINISTER’S COUNSEL: One moment, please.
(SHORT PAUSE)
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MINISTER’S COUNSEL: I may not have the complete
file from Immigration but let me see what I can find.
PRESIDING MEMBER: Sorry, go ahead.
MINISTER’S COUNSEL: I was just going to say, I’m
not seeing specific documents relating to what lead up
to the arrest. One moment please, sorry.
I don’t believe -- yeah, I’m not seeing a calling of
it on the file here. I don’t know -- I can’t confirm
that whether one was sent or not.
COUNSEL: And again, it’s our evidence that one
wasn’t sent, and he’s complied with everything.
PRESIDING MEMBER: Okay. Let’s talk about your
client having (inaudible) in Canada. Does he -- is he
working in his own name? (inaudible) in his own name,
or somebody else’s?
COUNSEL: In his own name.
PRESIDING MEMBER: All right.
COUNSEL: He’s working, here’s a letter from his
employer, (inaudible).
PRESIDING MEMBER: That was unauthorized work
(inaudible)?
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COUNSEL: I don’t believe -- he was paying -- You
were paying taxes with this ---
PERSON CONCERNED: I was -- I paid taxes at the end
of the year and --- I honestly -- I knew -- I didn’t
know that there was anything going on, like I didn’t
know that there was ---
PRESIDING MEMBER: Did you know you were under
deportation?
PERSON CONCERNED: I had no idea, Your Honour.
PRESIDING MEMBER: You didn’t?
PERSON CONCERNED: No, Ma’am. No, I didn’t. I did
not know; I didn’t receive anything. I didn’t get
anything.
PRESIDING MEMBER: Didn’t know that your refugee
status was -- refugee hearing had been denied?
PERSON CONCERNED: Yes, I am aware of that. I filed
an appeal right after, but ---
PRESIDING MEMBER: And what was the result of that?
PERSON CONCERNED: Nothing, I have noth -- I did not
get an answer from the appeal. That can be ---
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COUNSEL: It seems like the Citizenship and
Immigration, because he was a stateless person, didn’t
exactly know how to (inaudible).
PRESIDING MEMBER: That’s what you relied on?
COUNSEL: That’s what I’m assuming because ---
MINISTER’S COUNSEL: Sorry, was he determined to be
stateless at the Refugee Board?
COUNSEL: Yes, yes.
PERSON CONCERNED: I was said to be stateless by the
Court at that time of the decision.
MINISTER’S COUNSEL: Yeah, I can confirm that, I
have the Refugee Determination decision.
PRESIDING MEMBER: (inaudible).
MINISTER’S COUNSEL: I’ll read it just quickly;
“After taking in to account how the
(inaudible).”
PERSON CONCERNED: Your Honour?
PRESIDING MEMBER: Just a moment. Yes?
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PERSON CONCERNED: Your Honour, I am not a citizen of
the United Arab Emirates, I can’t be. It’s -- I am a
Palestinian by blood, that does not give me any rights
whatsoever in my place of birth. (inaudible).
COUNSEL: Well I think that’s accepted by everyone
as stateless.
PRESIDING MEMBER: Okay. What’s the name of the
uncle that’s here?
COUNSEL: I’ll just get the correct spelling.
Mahmoud Jaser, M-A-H-O-U-D; and Jaser, J-A-S-E-R, the
same as ---
PRESIDING MEMBER: And he’s a Canadian citizen?
COUNSEL: Yes he is. Would you like the brother’s
name also?
PRESIDING MEMBER: Yes, go ahead.
COUNSEL: Madil, M-A-D-I-L, and the same last name.
And he is also a Canadian citizen.
PRESIDING MEMBER: All right. Anything further from
the Minister’s counsel?
MINISTER’S COUNSEL: No, thank you.
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PRESIDING MEMBER: From the information before me
it’s clear that Mr. Jaser is not a citizen of Canada,
neither is he a permanent resident of Canada; he is a
person who is stateless at this time.
But, a person who is legally detained for removal
from Canada. Now, where he is removed to that is an
issue that has to be resolved by Immigration, but he is
a person who has a lawful order for his removal from
Canada.
He came to Canada back in 1993 with his parents and
two siblings, a claim was made at that time, and they
were issued with conditional departure orders. They
received negative decisions on the refugee claim; an
appeal was filed following that decision, but was
allowed on consent and a de novo hearing was to take
place.
The remainder of the family, except Mr. Jaser, the
subject of this hearing, were accepted under the
deferred removal category. However, he was not because
of a criminal conviction, (inaudible), and continued to
pursue his refugee claim.
In 1998 he was determined not to be a refugee. The
conditional order then became an effective order, and
subsequently now deemed a deportation order.
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Mr. Jaser was arrested following the issuance of a
warrant for his removal, he was arrested on the 23rd of
August of this year. Now, he’s a person who is
allegedly working illegally, and allegedly has used
numerous aliases while he has been in Canada.
His entire family are here and are resident, or
citizens of Canada. It’s clear that Mr. Jaser would
prefer to be in Canada, and that he would not desire to
leave this country.
Although it’s been indicated it is unknown at this
particular juncture where he would be deported to, but
from the information before me the fact that there is a
valid deportation order he is a person who would be
removed from Canada at some point.
Before that can take place, however, he is entitled
to access the pre-removal risk assessment program that
is available. He may be accepted under that, as well,
he could be denied under that program. There is no
travel document on file, although there is a copy of a
birth certificate.
So his removal from Canada is not imminent at this
time and so I’m prepared to issue an order of release,
I’m going to release him to his uncle.
I believe a release order is -- that a bond is
necessary because the eventuality is that removal will
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take place, and it is clear that he would not wish to
leave Canada, nor would his family desire him to leave
Canada.
There’s no history with respect to Immigration at
lease, of failure to comply with any -- with any
(inaudible) orders that have been issued. There
doesn’t appear to have been any notice sent to him to
appear for removal interview, and he failed to do so.
So at this time I’m prepared to issue a release
order. I’m going to issue an order for his release
from detention on the deposit of $3,000. dollars cash;
$3,000. dollars by the uncle, Mr. Mahmoud Jaser.
And the conditions will be that Mr. Raed Jaser
report as directed in writing for the making of removal
arrangements, and for removal.
There will be two standard conditions, he will also
be required to provide Immigration with a residential
address, and before changing that address he must
notify Immigration in person of any change. And the
requirement to report at a frequency of every 2-months
to the Immigration Reporting Centre.
A condition will be that subsequent to being
released that he not engage in any activity that may
result in a conviction under an Act of Parliament; and
that he cooperate with Immigration with respect to
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travel documents; and identity documents. Those would
be the conditions of release.
Ms Kim, is there anything further?
MINISTER’S COUNSEL: No, thank you.
PRESIDING MEMBER: All right. So if this release
order is not acted upon then there’s a requirement that
he be booked for a Member of the Immigration Division
in 7-days, and I’ll provide that date shortly.
Thank you, this matter is concluded.
--- HEARING CONCLUDED ---
I HEREBY DECLARE THAT THIS IS A TRUE
TRANSCRIPT OF THE TAPE AND THAT I
HAVE SWORN AN OATH OF SECRECY.
_____________________________
CINDY L. MOYLAN, TRANSCRIPTIONIST
FOR INTERNATIONAL ROSE
REPORTING (CENTRAL) INC.
August 31, 2004
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