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Judicial review Appeal allowed
The applicant, Jamil Osai Ogiamien, brought a habeas corpus application challenging the legality of his lengthy and uncertain immigration detention.
The court applied the framework from *Chaudhary v. Canada (Public Safety and Emergency Preparedness)*, finding that the applicant's 25-month detention in a maximum-security facility was lengthy and of uncertain duration.
The Attorney General of Canada failed to demonstrate that the continued detention was reasonably necessary to further immigration control, particularly as the initial warrant was based on a misunderstanding of the applicant's custody status, and the CBSA had been dilatory in establishing his identity.
The court ordered the applicant's release on terms of judicial interim release.
