International Law

Fighting Deportation

By immlawyer

Calgary Herald Article Here.

Excerpt:

The lawyer for a reputed gang member who has been fighting deportation to Vietnam since 2004 argues he is not stalling by filing for a judicial review of his client's latest deportation order.

Raj Sharma, who represents Jackie Tran--whose formal name is Nghia Trong Nguyen-Tran--filed paper-work Thursday to the Federal Court of Canada requesting a review of the decision last month by the Immigration and Refugee Board.

...

Asked if the latest application was a stalling tactic, Sharma told the Herald he has filed a 305-page application, not some long-shot motion.

"I don't think this is a stalling delay at all. A stalling delay I would characterize as something you do with no expectation of success. We have every expectation of success," he said.

"This is not a stall tactic because serious errors have been made," said Sharma.

He argues there were two errors of law. Specifically, when Tran was ordered deported, one reason was that he was a danger to the public because there had been two attempts on his life.

"He's not a danger to the public because of his likelihood to reoffend, he's a danger to the public because someone else might try to kill him," said Sharma. "That is not the law. The law states very clearly that the danger flows from the individual."

The second error in law, said Sharma, is that in his opinion, a section of the Immigration Refugee Protection Act pertaining to human smuggling was incorrectly applied to Tran.

Some of the comments are also interesting:

Jamie

 

May 22, 2009 - 1:58 PM

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 Seriously, why is there even a trial for this piece of garbage? What is the debate here?! Get his butt out of Canada. We're better than this. Ha ha - and like Frank said - maybe send the lawyer away with him. haha

   

 

JRW

 

May 22, 2009 - 12:14 PM

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 This is why the system in canada is so slow.... eeeeverybody needs to make their money. The judicial system will not change because it will be depriving their lawyers, judges etc. of $. This is understandable, but there is a line which I believe was crossed long time in canada. Taking 5 years to deport a known and dangerous gang member is ridiculous. Stop the greed, lawywers!!!!!!

   

 

my2cents

 

May 22, 2009 - 12:00 PM

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 funny how an accused (not convicted) sex offender from the States was caught here and his butt is on its way back to the US in a couple days.. but a convicted and escaped murderer from Bosnia gets let go and this trash Tran is still here. I guess the sex offender did not have as much cash or government funding to line the pockets of lawyers and 'others' who benifit financially from these things.

   

 

frank

 

May 22, 2009 - 11:40 AM

 

 Send him back now. Maybe the lawyer with him

   

 

geo

 

May 22, 2009 - 10:26 AM

 

  99% of lawyers give the rest of them a bad name.

   

 

WHAT

 

May 22, 2009 - 10:16 AM

 

 SEND THE KILLER HOME!!!! He does not deserve to be in the country. In fact i think they need to send every FOB and FOB Killer back to where they came from. Canadian laws are way to easy on these people. As far as I am concerned it should be one strike (even if it is stealing a pack of gum) and you are sent straight back to where you came from.

   

Full post as published by Canadian Immigration Blawg on May 22, 2009 (boomark / email).