Supreme Court to make ruling on whether migrants can challenge incarceration

After today (Friday, May 10) immigration detainees in Canada who are not citizens will know if they have the right to challenge their incarceration in person before judges. 

The Supreme Court will be making their decision known today and if they rule for them, it would see changes from them only able to challenge their detentions through an immigration tribunal, whose decisions are subject to only limited judicial review.

Information from The Canadian Press is that the case centres on a Pakistani man, Tusif Ur Rehman Chhina, who was granted refugee protection in Canada in 2006, but was later detained after authorities learned he had a criminal record.

He failed in 12 attempts to the Immigration and Review Board to be released and was eventually deported to Pakistan, but his lawyers have continued to pursue the case.

The federal government argued that extending the right to direct hearings before judges to migrant detainees would create uncertainty in the legal processes involving these decisions.