News Release

National 2006

Criminal gang member removed from Canada

Ottawa -- July 25, 2006 -- The Canada Border Services Agency (CBSA) confirmed today that it has removed Niranjan Claude Fabian, a violent street gang member with serious criminal convictions.

“One of this government’s key priorities is to ensure the safety of our children, families and communities,” said the Hon. Stockwell Day, Minister of Public Safety. “Those who do not respect our laws, and who undermine the safety of our communities are not welcome in Canada.”

Mr. Fabian was convicted in Canada of conspiracy to commit fraud and assault causing bodily harm, as well as attempting to obstruct justice. Based on his criminal convictions and a finding that he posed an unacceptable risk to the public, Mr. Fabian was ordered deported.

Mr. Fabian had the benefit of many avenues of recourse, as do all protected persons subject to removal. In addition, he had the opportunity to submit evidence to the delegate of the Minister of Citizenship and Immigration Canada, who considered the evidence and rendered the danger opinion, and to the Federal Court, which considered the judicial review of the opinion.

As Mr. Fabian had exhausted all avenues of recourse available to him, the CBSA had an obligation to remove him.

The ability to remove people is vital to protecting the safety and security of Canada, maintaining the integrity of the immigration program and ensuring fairness for those who come to this country lawfully.

For more information, please visit the Federal Court of Canada’s website and see the following backgrounder.

-30-

For media information

Mélisa Leclerc
Director of Communications
Office of the Honourable Stockwell Day
Minister of Public Safety
(613) 991-2863

Backgrounder

Canada has an internationally recognized, fair system for providing refuge for those fleeing persecution in their home country.

However, the Immigration and Refugee Board of Canada can order the removal from the country of non-citizens, including protected persons, who commit criminal offences in Canada and pose a danger to Canadians.

Throughout this process, the individual in question has the right to counsel and the opportunity to respond to the Minister's counsel.

A person who has been issued a removal order may seek judicial review before the Federal Court of Canada. A decision of the Federal Court may be appealed to the Federal Court of Appeal and, eventually the Supreme Court of Canada.

A danger opinion is required before a protected person can be removed from Canada under a removal order. Issued by a delegate of the Minister of Citizenship and Immigration, the opinion determines whether the risk the individual poses to Canada outweighs the risk of removal to the country from which the person had fled persecution.  A danger opinion that allows the CBSA to remove a protected person from Canada is subject to judicial review. 

After all avenues have been exhausted, it is the responsibility of the Minister of Public Safety to see that the deportation order is carried out.