Judgement for this Case: Click here!
IMMIGRATION — Exclusion and expulsion — Detention — Immigration Division released respondent from detention — Applicant Minister applied for judicial review — Application granted — Decision to release respondent from custody was unreasonable — There was overwhelming evidence that respondent was not rehabilitated; had shown no remorse for serious assault on wife that almost cost her life; had no understanding of gravity of his conduct; had repeatedly indicated he saw nothing wrong with his conduct; and had repeatedly expressed his desire to be reunited with wife and children when he was released — Immigration Division gave no reason for suddenly believing respondent’s claim that he would not try to seek out his family if he were released, notwithstanding his expressed repeated desire to reunite with them — Finding was unreasonable — Immigration Division appeared to treat length of respondent’s detention and uncertainty surrounding his future removal as being of paramount consideration but that was only one factor to consider — Decision lacked transparency, intelligibility and justification