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Alleged Basque Terrorist Ordered Deported

By immlawyer

It appears that Ivan Apaolaza Sancho, an alleged member of the Basque terrorist group ETA, has been ordered deported by the Immigration and Refugee Board. The news articles I reviewed haven't exactly defined which tribunal ordered the 'deportation' (one mentioned the Refugee Board, but this is not likely) - and details of the immigration/legal proceedings were sparse.

What has probably occurred is that Mr. Sancho has been deemed inadmissible to Canada (likely under security grounds). This decision has likely been made by the Immigration and Refugee Board, Immigration Division.

Before Sancho will be removed, he will have an opportunity to present evidence supporting a personal risk should he be removed to his country of nationality. His counsel has indicated that he will seek judicial review of commissioner Louis Dube's decision at the Federal Court of Canada which has jurisdiction over impugned decisions of the IRB.

CTV article here.

Excerpt:

...

Immigration and Refugee Board commissioner Louis Dube said Tuesday there is sufficient evidence to show that Ivan Apaolaza Sancho was a member of Basque separatist group ETA.

...

His lawyer, William Sloan, says he will go to Federal Court to challenge the deportation ruling. He also intends to go to Quebec Superior Court to fight Sancho's detention.

...

Sancho, a Spanish national, will also have to undergo a risk assessment before he is deported, Sloan said.

The lawyer assumes the deportation order will take a few months to execute.

Full post as published by Canadian Immigration Blawg on May 25, 2008 (boomark / email).