International Law

Deporting a Permanent Resident

By Raj Sharma

Canada is seeking to deport or remove Belhassen Trabelsi, the brother-in-law of ousted Tunisian President Zine Ben Ali. Trabelsi is (or perhaps was) a permanent resident of Canada. Foreign Affairs Minister Lawrence Cannon has made clear the Canadian government's commitment in removing Trabelsi, whether by deporting him or extraditing him. 

Extradition is a criminal process and, generally speaking, is the fastest way of removing an individual. 

The Globe and Mail has reported that the Federal Government has "revoked" Trabelsi's permanent resident status. There is no avenue to simply strip a permanent resident of his or her legal status in Canada. 

Deporting a permanent resident can take a number of permutations. It could be that Trabelsi has committed an offence outside Canada; he may have committed misrepresentation on his own application for permanent residency; or he simply may not have complied with the residency requirement imposed on all permanent residents (2 years in Canada out of every 5). Either could be grounds for a report alleging inadmissibility that would be prepared by the CBSA. This report would then be referred to the Immigration Division, a quasi-judicial administrative tribunal where Trabelsi could challenge the CBSA allegations. If a removal order is issued by the Immigration Division, Trabelsi could appeal to the Immigration Appeal Division which not only can review the allegations anew, but can also consider 'humanitarian and compassionate' considerations. 

Or, (theoretically) a danger opinion could be prepared against Trabelsi, which removes his right of appeal to the Immigration Appeal Division. 

Some media report that Trabelsi is seeking political asylum and that he has made a refugee claim in Canada. This may be a dead end. He may simply be found ineligible to make a refugee claim. 

In any event, I suspect that Trabelsi will be in Canada much longer than his opponents would prefer.

Full post as published by Canadian Immigration Blawg on January 29, 2011 (boomark / email).