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IMMIGRATION AND REFUGEE BOARD

COMMISSION DE LIMMIGRATION ET
DU STATUT DE RFUGI

IMMIGRATION DIVISION

SECTION DE LIMMIGRATION

FileNo./Nodedossier:0018-A4-00902

Reasons and Decision / Motifs et dcision

Between

Entre

The Minister of Citizenship and Immigration


Le ministre de la Citoyennet et de lImmigration
and/et

ENAELI, AMJAD

Date(s)andplaceofhearing

Date(s)etlieudelaudience

MONTREAL
Dateofdecision

Datedeladcision

AUGUST 16, 2004


Member

Commissaire

MICHEL BEAUCHAMP
Forthepersonconcerned

Pourlintress(e)

Me VINCENZO CARROZZA
Ministerscounsel

Conseilduministre

TONINA IERMIERI

You can obtain the translation of these reasons for decision in the other official
language by writing to the Editing and Translation Services Directorate of the IRB,
344 Slater Street, 14th floor, Ottawa, Ontario, K1A 0K1 or by sending a request to
the following e-mail address: translation/traduction@irb.gc.ca or to facsimile
number (613) 947-3213.

Vous pouvez obtenir la traduction de ces motifs de dcision dans lautre langue
officielle en vous adressant par crit la Section de rvision et de traduction de la
CISR, 344, rue Slater, 14e tage, Ottawa (Ontario) K1A 0K1, par courrier
lectronique ladresse translation/traduction@cisr.gc.ca, ou par tlcopieur, au
(613) 947-3213.

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File No.: 0018-A4-00902
Date: August 16, 2004
Michel Beauchamp, Member:
I am going to give you my decision. Today, Immigration has asked that
your detention be continued because of the flight risk. Their recommendation is
based on the following facts. You arrived in Canada a little over five and a half
years ago, in January 1999, as a student. Your initial permit was valid until
January 2000 and was subsequently renewed, and the last one expired in
February 2004.
During your stay, you were arrested and later released by police following
some incidents: in October 2002, you were charged with assault; in March 2003,
you were charged in Toronto with impaired drivingyou were fined $700 and
your drivers licence was suspended for a year; and in December 2003, you were
charged with assault causing bodily harm and with uttering death threats.
It appears that you were released for most of this time because, in
May 2004, you were stopped by Montreal police and detained pending trial. Did
you fail to appear at the previous hearings? I do not know. The trial ended on
August 11. You were convicted of three counts of uttering threats and one count
of breaching conditions.
On August 11, you were sentenced to a day in prison, given the time spent
in preventive detention between May 28 and August 11. You were handed over to
Immigration the next day, August 12. The officer said that, during the interview,
you denied responsibility for the offences of which you were convicted, saying
that the victims exaggerated the circumstances surrounding the incidents.
As for your studies, you were initially taking an English course, and you
then took a course at the Aero Fine Club (phonetic) in Montreal. However, the
latter course was disrupted in spring 2002. You receive US$3,000 a month from
your parents. Your father is apparently an important businessman, but you did not
know in which field exactly.
You told the officer that you did not want to return to Libya because your
parents would be disappointed with what has happened here in Canada. You also
mentioned an incident in which, during a football gameit is called soccer here
you allegedly hit Colonel Kadhafis son and, according to you, he ordered his
soldiers, his army, to kill you if you returned to Libya. I will come back a little
later to the possible claim.
When asked about your passport, you gave two different answers: you
originally said that the passport had been lost, but you never reported it lost; you
later said, during the interview, that the passport had been sent to your parents in
Libya six months before to be extended. This is not the first time you have
apparently tried to manipulate the truth. On May 28, when you were questioned

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File No.: 0018-A4-00902
Date: August 16, 2004
by the police, you initially gave a name that was not yours; you corrected this
information only when you were at the police station.
For the purposes of this decision, the subject explained this last claim as a
misunderstanding between him and the policethe police thought that he had
given a name other than his own. I am returning to my summary of the facts. In
the initial interview on the 12th, when the officer asked him, after he mentioned
the incident with Kadhafis son, whether he wanted to claim refugee protection,
Mr. Enaeli asked to consult a lawyer, which he was allowed to do and, the next day,
he said that he had no problem with returning to Libya.
A deportation order was issued, and he contacted his father in order to get the
passport back and give it to Immigration. In addition, the same day, August 13, he
waived his right to a pre-removal risk assessment. In their arguments, Immigration
mentioned a violent temperament (their expression), Mr. Enaelis refusal to admit
responsibility with respect to the convictions, and the lack of a reasonable
alternative.
Your counsel said that you are willing to leave Canada and go to a country
other than Libyamore specifically, Tunisia, which is where your father lives. He
said that you were misunderstood by Immigration, that you fear for your life if you
return to Libya and that you challenged the convictions and may even appeal them.
He told me that no one knows what happened, no one knows if you
committed the acts or not. I am sorry, but I must assume that the courts work is well
founded, and unless the decision rendered on August 11 is eventually overturned, I
assume that you were indeed convicted of these acts and that these acts were
committed.
Your lawyer said that you come from a very well-off family. He raised the
hypothesis that you were possibly a spoiled child who was used to doing whatever
you wanted, and he stressed that there was a misunderstanding between you and
Immigration when you declined to claim refugee status.
When I asked you to explain what happened in these interviews with the
immigration officers on August 12 and 13, you seemed to confirm what your lawyer
said. Once again, you blamed others: they were not nice; they were the ones who
were irritated. You apparently have considerable problems with every form of
authority.
Normally, failing to claim refugee status and waiving your right to a
pre-removal risk assessment are indicative of someone who, yes, in reality, is willing
to leave Canada and return to his country. Again today, your lawyer explicitly said
and you somewhat implicitly said during the meetings with the officers on

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File No.: 0018-A4-00902
Date: August 16, 2004
August 12 and 13 that you are very afraid to return to Libya, and right now, the
Immigration Minister is responsible for your removal.
She is the one who arranges removals, she is responsible for choosing where
you will be removed to and, right now, it is Libya. According to the information that
you gave to your lawyer and that you implicitly gave today during the hearing, I am
not at all satisfied that you would appear for removal to Libya.
On the other hand, I am willing to admit that, if a removal to another
destinationTunisia or somewhere elseis approved, you would very likely
comply with any conditions that would be imposed regarding your departure from
Canada. So, today, since I have the impression that this will not happen in the short
term, I am ready to make you an offer of release, but it will be conditional on the
Minister approving a removal to a country other than Libya.
I remind you, or I am telling you, in case you do not know, that I have no
jurisdiction over the location of the removal. I said, and I repeat: the Minister has
sole authority over determining where you will be removed to. So, if removal to
another destination is approved, I see no reason to require any kind of bond.
I think you have shown during your stay here that you sometimes act
impulsively rather than thinking of the long term. Consequently, one of the
conditions that I am going to impose is the requirement to report to the immigration
office once a week. The other two conditions are to notify Immigration of any
address change before you move and to appear on any date and at any time for the
purpose of complying with any obligation imposed under the Immigration Act.
Q.

Do you understand these three conditions?

A.

Yes.

Q.

Will you comply with them?

R.

Definitely.

Okay. I am going to prepare a document to the effect that, if you are not
released or do no leave within seven days, there will be another hearing at a date and
time that I am going to determine in a few minutes.

___________________________________
MICHEL BEAUCHAMP, Member

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File No.: 0018-A4-00902
Date: August 16, 2004
Tonina Iermieri, Ministers counsel
Me Vincenzo Carrozza, Counsel
Leila Zakhour, Interpreter