EDMONTON - A Sudanese rapist and former refugee was returned to the remand centre for a sixth month of detention today while the Canadian Border Services Agency tries to find a way to deport him.
A member of the Immigration and Refugee Board ordered Samuel Martin Luin back into custody but warned such 30-day extensions cannot continue indefinitely.
"There may come a point and time in the future when it will be apparent that removal cannot be realistically achieved," said Paul Kyba, who presided over the hearing today. "Then detention cannot be continued either."
In 2005, Luin sexually assaulted a 19-year-old woman on her way home from work. He was convicted and served 16 months in prison.
He was ordered deported last July, but the Canadian Border Services Agency cannot deport him without travel documents, and can't get travel documents with identification linking Luin to Sudan.
Luin came to Canada without any papers in 2002 from an Ethiopian refugee camp.
Border services have been trying to prove Luin belongs in Sudan since July 2007, with their international bureaus doing checks overseas. In March 2008, Luin told them his name is actually Absahalum Duud Hajer, forcing them to investigate two names.
Last month, he told them he knows several people in Edmonton who could verify who he was, but didn't have names or contact information. "He stated that if we took him for a drive around Edmonton, he might be able to locate them," said Kristine Rondeau, who represented the agency.
Lawyer Simon Yu said Luin should not be considered a danger to the public because he has no reported offences for the last 16 months in custody. That shows signs of rehabilitation, he said.
Authorities can lower the risk that Luin would flee by giving him strict reporting conditions and a curfew, Yu said. "The lengthy detention in this case really is a concern, sir."
Kyba ruled that Luin does present a danger to the public and is unlikely to show up for deportation if released.
"I'm not convinced of your own willingness to co-operate with the minister," he said. "You have to take some of the responsibility for the delay in the minister's investigation."
