New coverage for immigration detainees through habeas corpus
Tuesday, January 12, 2016
Legal Aid Ontario (LAO) now covers meritorious habeas corpus applications to the Ontario Court of Appeal for immigration detainees who have been in custody for a minimum of 180 days. A habeas corpus application will compel the Superior Court to examine the reason(s) for the detention and determine if those reasons are valid.
How does it work?
Every LAO immigration client in detention for a minimum of 180 days is eligible to receive an opinion or merit assessment certificate for three hours. A refugee appellate panel lawyer will examine the reasons why the client has been detained and provide an opinion regarding the likelihood of success of a habeas corpus application.
The merits of the opinion will be evaluated by LAO’s Refugee and Immigration Area Committee, typically within seven business days. If the committee determines there is merit, a habeas corpus application certificate will be granted for up to 16 hours, plus hearing time.
Contact your LAO refugee panel officer.