27.01.10
Immigration law is unfortunately not straight-forward

The Face of a Immigration Detention Centre
The case of the Indian hijacker being deported from Canada demonstrates flaws in the immigration process of the country. Without simply making this a damnation of the bureaucracy that trails Canada’s immigration laws, it can safely be presumed that every country has the same problems. For example it is estimated by the UK immigration department that they spend in excess of £50million every year in litigation costs against ex-foreign prisoners appealing their deportation, the British Government are so keen to bring down that cost that recently it was disclosed that a new scheme had been in operation that rewarded foreign prisoners for returning to their home country. The scheme, which last year gave away £3.4million, is seen by the Labour Government as preferential to lengthy court proceedings that could ultimately result in criminals being returned to UK streets.
Over a decade spent deporting 1 man
The case of Parminder Singh Saini had been dragging on in Canada since he arrived with false papers in 1995, when his true identity was discovered he was promptly held in an immigration detention centre, the fact that his appeals took so long meant that he had enough time to acquire not one but two degrees, one in law. Mr. Saini seemed to be home and dry, in regards to staying in the country, and was even confident enough that he applied to become a practising lawyer in the territory of Ontario, it seems on the face of it that this was his undoing, as a subsequent ruling on his effort to become a recognised lawyer has now resulted in him drawing world-wide press attention and being swiftly dealt with by the Canadian immigration authorities.
It is puzzling why it took the courts and the Canadian Government so long to remove the once leader of a militant group and convicted hijacker, but the domino effect of the attention his failed law society bid received was palpable. The judge in the case ruling that he was of ‘uncertain character’ considering the method in which he entered the country.
Laws are in place to protect the individual and the greater interests of a country/society, for this reason the UK Government now pursue every foreign prisoner for removal following their release. The conflicting laws however were highlighted in the UK by the case of Learco Chindamo, who it was ruled would not be deported following his release on parole for the unprovoked stabbing and murder of head teacher Philip Lawrence. In the ruling the judge cited Chindamo’s human rights as well as the fact he was Italian, meaning he was protected from deportation by EU laws.
The obvious conflict of laws means that each case needs to be addressed on its own merits and circumstances, and here lies the problem. The costs for foreign prisoners being deported is draining a public purse that we are constantly being told is in short supply, never mind the Parminder Singh Saini’s of this world who enter illegally and then spend years in detention and the courts. What’s the solution? You tell me, please feel free to leave comments below, or on a SAE to Phil Woolas, C/O Downing Street, I’m sure he’ll welcome all suggestions.
Published by Niall J Rice in Canadian Immigration

