I find it amazing how incredibly bad our system is in dealing with these types of cases. This is nothing short of laughable. I can't understand why the appeal is not simply dismissed by failure to file on time. Hundreds of appeals and reviews are dismissed regularly for that reason. The adjudicator is wrong in law, as there is nothing in the legislation to obligate CBSA to wait for the applicant to file a document.
Deportation case stalled as Bosnian refuses to file paperwork
Deportation case stalled as Bosnian refuses to file paperwork
By Sherri Zickefoose, Calgary HeraldMay 21, 2010
CALGARY — A convicted double murderer fighting deportation to Bosnia for fear he will be killed has stalled proceedings by failing to follow up his federal appeal.
Elvir Pobric, arrested on an Interpol warrant in Calgary last year, is accused of escaping prison and fleeing to Canada as a refugee in 1999.
While his pre-removal risk assessment rejects his case to stay, Pobric is two months late filing submissions for a federal appeal of his stripped refugee status. The appeal was filed last February by his previous lawyer.
He now has up to four weeks to file the submissions.
"The only application preventing your removal is your application to the federal court," Immigration and Refugee Board adjudicator Leeann King said from Vancouver during Friday's hearing in Calgary.
If Pobric drops the appeal, the Bosnian Embassy says it can have his travelling papers ready within two weeks, the hearing learned.
He has 15 days to appeal the pre-removal risk assessment, which rejected his case of persecution Wednesday.
Pobric has told his lawyer and guards that "he'd rather die here than go back" to Bosnia, where he faces another 15 years and five months in jail to complete his 20-year sentence.
Pobric was ordered detained in custody for another month, King said, because she is satisfied if released, he would be unlikely to appear.
Pobric, who has a wife and two children in Hamilton, Ont., allegedly escaped from jail in Bosnia and fled to Canada, never revealing his double murder conviction or prison sentence to immigration officials.
He was granted refugee status before the Interpol warrant was issued for his arrest in 2009.
Pobric claims he was wrongly accused.
He has since been stripped of refugee and permanent resident status and ordered deported from Canada.
He is wanted in Bosnia-Herzegovina for allegedly escaping jail on a double-murder conviction in the early 1990s for the deaths of two men in a black market currency deal.
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