Deepak Rai, a foreign national from India, arrived at Vancouver international airport on a flight from Taipei.

Upon arrival he declared that he had no travel documents and subsequently sought refugee protection in Canada. Deepak was interviewed by a CBSA officer. He told the officer that an agent facilitated his travel to Canada by providing him with a fake British passport that had Deepak's photo on it.

As instructed by the agent, Deepak destroyed the passport before landing at the Vancouver Airport. He flushed the passport down the toilet in the airplane.

Deepak was provided a Punjabi interpreter who conducted the interpretation by phone. Deepak had no identity documents to prove his identity. Deepak also provided the details of his travel to Canada and a summary of his circumstances in India that caused him to flee the country to seek refugee protection.

Deepak indicated that he had a family friend, Harjeet Jaywant who is a Canadian citizen and who has been living in Burnaby, BC since 1990. Deepak was able to call Harjeet when the examination ended and seek his assistance.

Harjeet called Jane Black, an experienced immigration consultant. Jane informed Harjeet that in British Columbia legal aid was available for refugee claimants. Deepak could ask for a duty counsel through legal aid.

Harjeet called Jane back and said that he had discussed the matter with Deepak over the phone and that he would like to retain Jane to handle the case. Jane asked Harjeet to provide her full name and contact number to Deepak and ask Deepak to call her directly.

Deepak called Jane a few hours later. Jane again informed Deepak of the option of duty counsel and hiring a lawyer through legal aid. She also explained the scope of her work and the fee she would charge for her services. Deepak agreed with the fee terms and retained her as his counsel. Jane then instructed Deepak to provide her name and phone and fax number to the CBSA at the airport.

Jane proceeded to fax a completed Use of Representative form to the CBSA Vancouver Airport as well as a brief summary of her engagement as representative in the cover letter. Once the representation was in place, Jane was able to talk to the CBSA officer and discuss Deepak's case and detention.

Jane was told that Deepak was being detained because his identity could not be established and that he was a flight risk.

That evening, Jane visited Deepak at the Vancouver Airport holding centre. She discussed obtaining identity documents from Deepak's family in India. Deepak gave Jane the phone contacts of her father and brother. He also informed her that he had spoken to his parents about faxing copies of his birth certificate and schools certificates directly to CBSA office.

The next day, Deepak was transferred to the detention centre in Vancouver. The following day Deepak was scheduled to appear before the Immigration Division for his first 48-hour detention review.

Meanwhile, Jane had spoken to Deepak's father in India. His identity documents had been faxed to Jane's office and the CBSA Vancouver office. The originals of the documents had been couriered to CBSA Vancouver and were expected to arrive in 3 business days.

Jane and CBSA exchanged their disclosure documents for presentation at the next detention hearing.

Jane noted in the CBSA disclosure documents that in his initial interview with the CBSA officer, Deepak had admitted that he had a family friend that lived in Burnaby and also that he had an aunt that lived in California.

Just before the 48-hour detention review, Jane had a brief discussion with the CBSA representative and asked about CBSA's position with respect to Deepak's detention.

The CBSA representative informed Jane that they were going to seek continued detention on grounds of unverified identity and flight risk. The officer said that they would have to examine the original identity documents once they arrive at their office and decide if they are satisfactory to establish the identity.

The officer was also of the opinion that Deepak was destined for California to join his aunt which also made him a flight risk. Deepak had no family ties in Vancouver or Canada.

The ID member agreed with CBSA's position and ordered continued detention. A subsequent 7-day detention review date was set and a notice was issued to Deepak and Jane immediately after the hearing.

Over the next seven days, Jane kept in communication with CBSA. The documents arrived the third day and provided to the CBSA officer.

On the fifth day the CBSA informed Jane that they were satisfied with the identity but they were going to seek continued detention on grounds of Deepak being a flight risk.

Jane spoke to Deepak and his friend Harjeet. Harjeet agreed to post a $5000 cash bond, and to offer a place to stay at his house. Harjeet had a construction company; he was also able to offer Deepak a job as a construction laborer.

With this in mind Jane prepared a letter requesting an early review of Deepak's detention by presenting this new information for consideration by the Immigration Division.

Assume the role of Deepak's counsel

As Deepak's counsel, draft a letter to the ID with a copy to CBSA requesting an early review of Deepak's detention based on this new information. The new information will include the identity documents that have satisfied the CBSA officer as well as Harjeet's willingness to post a $5000 cash bond, a place to stay, and a job offer. Explain how this new information should convince the ID that Deepak should be released based on the factors the member must consider as well as Deepak's assurance that he will comply with any conditions deemed appropriate by the member.

The content of the letter should be similar to your submission at the detention review when requesting release for Deepak.

Hint:

Remember to address the credibility of Deepak and the guarantor in your letter. Feel free to add additional facts in your submission.

Your submission must:

- be properly constructed as a formal submission letter

- be correctly addressed to the Tribunal

- include a distribution list (a list indicating who receives a copy of the letter)

- include an index of any supporting documents being submitted

Please familiarize yourself with theIRB Rules for both of its divisions: the IAD (The Division that should receive your submission) and the IRB.