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Judicial review of continued immigration detention dismissed; removal possible without minister determining citizenship.
The applicant sought judicial review of a decision by the Immigration Division ordering his continued detention under the Immigration and Refugee Protection Act.
The applicant argued that the respondent was required to determine his nationality before removing him, asserting he was stateless, and challenged the finding of an immigration nexus to his detention.
The Federal Court held that the regulations do not require the respondent to determine nationality before selecting a country of removal that will authorize entry.
The Court found the Immigration Division's conclusion that an immigration nexus existed and removal to South Sudan remained a possibility was reasonable and supported by the evidence.
The application for judicial review was dismissed.
