Detention on identity grounds

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Resolution number: 
5
November 2006
Whereas: 
  1. According to IRPA, there is no independent review of: a) the decision of an officer to detain a foreign national because their identity has not been established. b) the Minister’s opinion that identity has not been established. c) once identity has been tendered, the decision that it is insufficient;
  2. According to international human rights law, detention without independent review constitutes arbitrary detention;
Therefore be it resolved: 

That the CCR demand that IRPA be amended to require that the Immigration Division of the Immigration and Refugee Board conduct an independent review of 1 a), b) and c).

Subject: 
Working Group: 
Inland Protection