The applicant, subject to a deportation order since 1995 due to serious criminality, had been held in immigration detention for over seven years because authorities could not determine his country of citizenship.
Despite numerous detention reviews maintaining his detention, the applicant sought habeas corpus, challenging his continued detention as unlawful.
The Superior Court allowed the application, finding the detention unduly lengthy and its duration uncertain, thereby violating the applicant's rights under sections 7 and 9 of the Charter.
The court concluded that the applicant was not actively thwarting removal efforts and posed a limited public risk, and that the Minister failed to justify continued detention for immigration purposes.
The applicant was ordered released on specific terms and conditions.
