VANCOUVER – An Asian man who donned an elaborate disguise on a flight from Hong Kong to Vancouver last October has been ordered to stay in custody because he remains a risk to go underground.
Immigration and Refugee Board adjudicator Geoff Rempel said Wednesday he agreed with the position of the Canada Border Services Agency that because the man arrived in Canada as part of a smuggling operation – and was vulnerable to coercion – there was a good chance he might not appear at a removal hearing if his refugee claim were denied.
"What I’ve heard today does not alleviate that concern," he said.
Rempel said the fact that the man arrived alone did not make him any less vulnerable to possible influence. He said the fact that the man’s family in China apparently had secured a $30,000 bank loan to pay a human smuggler would be "highly motivating" for the man to avoid deportation.
The man’s duty counsel, Dan McLeod, had sought the man’s release with conditions, such as weekly reporting to federal officers. Rempel said those conditions were not sufficient.
At a previous hearing, another adjudicator signalled a willingness to consider release if the man posted a bond of several thousand dollars.
McLeod said Wednesday he wasn’t able to locate anyone in Canada able to help with that.
A friend of the man in Ontario was willing to provide accommodation but is concerned about the publicity surrounding the case.
McLeod argued that the man has no reason to go underground because of the strong likelihood his refugee claim will be accepted. He cited statistics that show 52 per cent of refugee claims from China are accepted – higher than the 37 per cent average acceptance rate for all countries.
But Rempel said his job was not to consider the likelihood of the man’s claim being accepted but the likelihood that he might not appear at a removal proceeding.
Rempel said he disagreed with McLeod’s assertion that the man was being held "indefinitely," though he acknowledged it could take several months before the man’s claim is heard.
On an Air Canada flight last October, the young man wore a mask that made him appear to be an elderly Caucasian. His passport, boarding documents and disguise were supplied to him by a smuggler at the airport.
The man was detained once he landed in Vancouver. He later apparently admitted to authorities he knew what he had done was wrong.
The case captured worldwide attention after a confidential Canada Border Services Agency intelligence report – which included a photo of the man wearing the disguise – was leaked to CNN. The report characterized the incident as an "unbelievable case of concealment."
The young man did not appear at Wednesday’s hearing, but instead listened to the proceedings via a conference call.
He is entitled to another review of his detention in 30 days.
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