Friday, December 14, 2007


Here is a another case that exposes the unbelievably stupid Canadian refugee policy which prevents tine immediate detention and deportation of even the most dangerous individuals. Draw your own conclusions....We need to restore some sanity!
Refugee rapist skips out on deportation

Former Sudanese has been free since conviction, pending ruling on his status

Florence Loyie
The Edmonton Journal
Thursday, December 13, 2007

EDMONTON - An Edmonton woman says she isn't surprised the man who brutally raped her stepdaughter two years ago and was freed into the community earlier this month has disappeared while awaiting deportation.
A warrant was issued Wednesday for the arrest of Samuel Martin Luin, 23, who failed to report to the Edmonton Probation Office on Monday, as ordered earlier this month by an Immigration and Refugee Board adjudicator.
"I think he was gone within a half-hour of being freed," said the woman, who is not being named to protect the identity of the 21-year-old victim.
Luin became a permanent citizen on May 14, 2002, after coming to Canada from Sudan as a refugee, as defined under the United Nations 1951 Geneva Convention. Known as Convention refugees, they are people who fled their home countries because they feared persecution because of race, religion, nationality, political opinion or membership in a particular group.
Luin was convicted on July 18, 2006, of a vicious sexual assault on a teenager as she walked home from work. The attack was one of several in the Callingwood area in 2005.
He received a 40-month sentence, which was reduced to two years less a day after he was given double credit for eight months spent in the remand centre awaiting trial. He completed his sentence in November.
In the five years he has been in the country, Luin has accumulated 16 convictions, ranging from causing a disturbance to assault causing bodily harm and sexual assault. Luin's violent tendencies continued in jail, where he was involved in seven attacks on other inmates and corrections staff.
At an Immigration and Refugee Board admissibility hearing last July, Luin was ordered deported to Sudan.
But under the Immigration and Refugee Protection Act, as a Convention refugee he can only be deported under a document called "a danger opinion," signed by the Minister of Citizenship and Immigration Canada, a process that can take anywhere from six to 18 months.
A danger opinion is issued if the minister, after reviewing the person's history, believes the individual poses a danger to the Canadian public or Canada's security that outweighs the risk of deporting him or her back to the country of origin. The person is allowed to make submissions arguing to stay.
An application for a danger opinion in the Luin case was submitted Nov. 13.
Under the Charter of Rights and Freedoms, federal authorities could not detain Luin until they received the danger opinion, since he has already served his sentence. At an IRB detention review hearing Dec. 3, Luin was ordered released despite arguments that he posed a danger to the public and was unlikely to show up for deportation.
According to the transcript from the hearing, Luin's criminal record shows he twice failed to attend court after convictions, once failed to appear in court and once failed to comply with a recognizance order.
"It seems to me that the minister is about 16 months behind in doing that which the minister ought to have started ... a year and four months ago," IRB adjudicator Paul Kyba wrote in his decision. "This submission to the minister for an opinion that you pose a danger to the public, in my opinion, should have been made very soon after your last conviction in July of last year, and I see no excuse; I see no valid reason why the minister chose to delay this procedure."
The victim's stepmother said she has made calls to the federal departments involved to get answers.
In the meantime, she said she fears for her stepdaughter's safety and for women in the community while Luin is at large.
"What scares me is he is escalating in his violence. He grabbed my daughter walking home from work. He dragged her into a park and he sodomized her, kicked her and humiliated her, and left her there. He will do it again to someone else's daughter."

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