The Federal Court reviewed a deportation order issued after
the applicant failed to satisfactorily establish his identity. The applicant
later claimed that he was a minor and argued that only the Immigration Division
had jurisdiction to issue the deportation order.
The Court dismissed the application because the applicant
had presented himself as an adult when the order was issued, and his
subsequently claimed identity and age had not been established.
Key Principle
Identity is fundamental to Canada’s immigration system. It affects admissibility,
protection claims, public safety assessments, and the ability of authorities to
properly assess an individual.
Where an applicant’s identity and age have not been
established, a later claim to be a minor does not automatically invalidate an
enforcement decision that was lawfully made based on the information available
at the time.
Background
The applicant entered Canada using a French passport under
the name Baroufoudine Attoumani and claimed to be born in 1981. When questioned
about his identity, he continued to maintain that the passport was his.
An exclusion order was issued after he failed to
satisfactorily establish his identity, and he was detained because he was
considered a flight risk.
During a later detention review, he claimed that his real
name was Saliou Bah, that he was a Guinean citizen, and that he had been born
in 1998, making him a minor.
He argued that because he was allegedly under 18, the
Immigration Division, rather than an enforcement officer, had jurisdiction to
issue the deportation order.
Court Findings
The Federal Court rejected the applicant’s argument.
When the deportation order was issued, the applicant had
consistently presented himself as an adult born in 1981. Based on that
information, the enforcement officer had jurisdiction to issue the order.
The Court also rejected the argument that the applicant’s
later claim of being a minor should be considered retrospectively. His claimed
identity had not been confirmed, and an identification document he submitted
was later found to have been altered.
The Court noted that the applicant’s placement in
accommodation reserved for minors did not establish that Canadian authorities
had accepted his claimed age. The evidence showed that the accommodation was
precautionary while his identity remained unresolved.
Because his identity and age remained unconfirmed, the Court
found no basis to invalidate the deportation order.
Outcome
The Federal Court dismissed the application for judicial
review and upheld the deportation order.
Case Citation:
Bah v. Canada (Citizenship and Immigration), 2016 FC 373 CanLII
Written by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





