Khalil Mamut and Salahidin Abdulahad have been transferred to the Guantanamo Bay detention facility and held till 2009. Considered one of their wives is a Canadian citizen and the opposite a everlasting resident
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A federal courtroom choose has given Canada’s immigration minister 30 days to make up his thoughts on the everlasting residency functions of two Chinese language residents of Uyghur ethnicity captured in Pakistan and turned over to the US navy after coalition forces invaded Afghanistan in response to the 9/11 terrorist assaults.
Khalil Mamut and Salahidin Abdulahad have been transferred to the Guantanamo Bay detention facility and held there till 2009, after they have been launched to be resettled in Bermuda.
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Each of their wives can dwell in Canada — one is now a citizen and the opposite has everlasting residency standing.
“Mr. Abdulahad’s software for everlasting residence has now been excellent for nearly 11 years; Mr. Mamut’s for over 9 years,” Justice John Norris wrote in a latest choice.
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The boys and their wives utilized for a judicial evaluation, arguing they’re entitled to a authorized treatment as a result of Immigration Minister Marc Miller has didn’t make choices on their excellent functions.
“There is no such thing as a problem that the delay in processing the functions for everlasting residence has been largely, if not totally, as a consequence of considerations that Mr. Abdulahad and Mr. Mamut could also be inadmissible to Canada for safety causes,” Norris wrote in his Oct. 8 choice.
“Particularly, after they utilized for everlasting residence, considerations have been raised that Mr. Abdulahad and Mr. Mamut could also be inadmissible to Canada as a consequence of their alleged affiliation with the East Turkistan Islamic Motion (ETIM). U.S. authorities had additionally relied on this alleged affiliation to justify the boys’s detention at Guantanamo Bay. The difficulty of inadmissibility on safety grounds has nonetheless not been resolved by choice makers appearing on behalf of the minister of citizenship and immigration.”
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The pair contend that “the delay in resolving the problem of their inadmissibility on safety grounds is so extreme, oppressive, and unfair as to represent an abuse of course of,” stated the Ontario choose.
The 2 males requested for an order “staying the safety inadmissibility proceedings and directing the minister to proceed with the processing of their functions for everlasting residence. Within the different, they search an order directing the minister to seek out that they aren’t inadmissible on safety grounds or, conversely, prohibiting the minister from discovering them inadmissible on this foundation.”
The choose was happy that there was “an inordinate delay within the processing of the functions for everlasting residence and that this entitles the candidates to a treatment. Whereas I agree that the delay in each instances is extreme, it might not help the candidates to characterize it as amounting to an abuse of course of. It is because the treatment they search on this foundation — a keep of the inadmissibility assessments — is self-defeating.”
The courtroom doesn’t have the ability to order Miller to ignore authorized necessities specified by the Immigration and Refugee Safety Act, Norris stated.
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“Underneath that act, earlier than Mr. Abdulahad and Mr. Mamut can grow to be everlasting residents, an officer should be happy that they aren’t inadmissible. Because of this, if the minister have been ordered to not contemplate their inadmissibility on safety grounds, this may stymie their functions for everlasting residence; an officer appearing on behalf of the minister would haven’t any alternative however to reject the functions.”
However the delays they’ve confronted are “clearly extreme,” stated the choose.
“The minister has fallen far wanting demonstrating that the time that has been taken is justified, and the minister has not proven why any further time to make choices on the functions for everlasting residence is warranted.”
Abdulahad was born in 1977 in Kashgar, Individuals’s Republic of China.
“In June 2001, after witnessing the continued persecution of Uyghurs … and the harassment of his household, Mr. Abdulahad left China for Pakistan, hoping to proceed his schooling there,” stated the choice.
“When his authorized standing in Pakistan expired (it was legitimate for just one month), he feared returning to China so he determined to hunt out a Uyghur group he had heard about in a village exterior Jalalabad, Afghanistan. He arrived there in August 2001.”
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Mamut was born in Kashgar in 1978.
“Resulting from Chinese language oppression and persecution of Uyghurs, in 1998, he left China to check in Pakistan,” stated the choice.
“He studied in Lahore for 3 years. In 2001, his Chinese language passport was expiring so, being afraid to return to China, Mr. Mamut sought out a bunch of Uyghurs in Afghanistan he believed might assist him with the renewal of his passport in order that he might return to Pakistan. He ended up in the identical village in Afghanistan as Mr. Abdulahad.”
The pair “needed to flee the village in Afghanistan on the finish of October 2001, when it got here below aerial bombardment by U.S. forces,” stated the choice. “Along with a bunch of 16 different Uyghurs, they hid in close by mountains after which made their technique to Pakistan. At first, some native people assisted the group however they quickly turned them over to the Pakistani navy, reportedly in trade for bounties. Mr. Abdulahad, Mr. Mamut, and the others have been then turned over to the U.S. navy. Subsequently, they have been all transferred to the detention facility that had simply been constructed on the U.S. Naval Base at Guantanamo Bay, Cuba.”
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The allegation that Abdulahad and Mamut have been members of the ETIM “seems to have rested largely, if not totally, on the characterization of the village close to Jalalabad, the place that they had admittedly stayed for a number of months, as an ETIM coaching camp,” stated the choice.
“Mr. Abdulahad and Mr. Mamut maintained that that they had gone to the village solely as a result of they believed they’d be protected there and so they had nowhere else to go. They denied being members of the ETIM. Certainly, they maintained that the primary time they ever heard concerning the group was after they have been questioned about it by U.S. officers. They maintained that they bore no enmity in direction of the US and had by no means engaged in hostilities in opposition to it. U.S. authorities didn’t produce any proof to contradict these latter assertions.”
The U.S. designated ETIM as a terrorist group in August of 2002, however revoked that designation in October of 2020.
“Nonetheless, the ETIM nonetheless seems on the United Nations Safety Council sanctions record,” stated the choice. “The group has by no means been designated by Canada as a terrorist entity.”
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In line with the choose, the immigration minister “has failed to supply a passable rationalization for the delay in both case.”
The federal authorities instructed Norris 30 days wasn’t sufficient time to make choices concerning the pair’s everlasting residency functions, and that “as an alternative, an extra six months needs to be granted.”
The choose famous that Miller’s division “didn’t provide any proof to assist both of those positions.”
Norris acknowledged Ottawa has the correct to request extra time to make the choices. “If the extension is opposed, a movement document and supporting proof might be required.”
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