Federal Court


Immigration

EXCLUSION AND EXPULSION

Conditions of release required and proportional to danger identified

Foreign national was first detained under security certificate in 2000. Foreign national was released under strict conditions after nearly seven years. Foreign national was named in second security certificate in 2008. In January 2013, some of foreign national’s conditions of release were repealed and others were softened considerably. No changes were made when matter was last considered in December 2013. Second security certificate was found to be reasonable around that time. Foreign national subsequently agreed to provide various passwords to authorities. Foreign national brought application for order repealing most release conditions. Application dismissed. Conditions of release were required and proportional to danger identified. Foreign national’s record regarding his most recent conditions of release had not been exemplary. Foreign national had breached his conditions of release by, inter alia, not giving proper notice of acquisition and use of telephone and fax services. Foreign national’s recent attitude, action, and behaviour were also indicative of unwillingness to collaborate and co-operate with supervisors. Foreign national’s conduct could give impression that he had something to hide. Fact that underlying proceedings were long and complex did not in itself support less strict conditions of release. Report from psychiatrist was given little weight due to inaccuracies. Foreign national’s proposed questions for certification were not certifiable.

Mahjoub, Re

(Jul. 18, 2014, F.C., Simon Noel J., File No. DES-7-08) 244 A.C.W.S. (3d) 407.

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