Here is another example of the incredible stupidity and naivete that permeates every aspect of the Immigration and Refugee Broad decision making. I argued over 1,000 cases before the Board in my years of practice, and I can say with confidence that I could never understand why the Board has been so naive when it comes to Tamil cases. Also, a quick perusal of case law reveals the frustration of police authorities when it comes to take gang members off the street: the IRB does not order their deportations quickly. What does it take to keep criminal element off Canada? A miracle?
Sri Lankan gang member wins release
Refugee Claimant
Stewart Bell, National Post
The Immigration and Refugee Board approved the release yesterday of a high-ranking Sri Lankan gang member who was deported in 2005 but then brought back to Canada at taxpayers' expense.
Nagalingam Panchalingam, a former enforcer in the AK Kannan gang, has been held in custody since his arrival in Toronto in late February but the IRB said it was prepared to free him under strict conditions.
Two relatives must post $50,000 and Mr. Nagalingam must live under virtual house arrest in Brampton. He is not allowed to visit Scarborough, where his gang fought a bloody turf war. The IRB also said he "must not attend any rallies in support of Tamil causes."
"Basically the member found that the sureties were sufficient [together with a long list of strict conditions] to neutralize the public safety risk and to offset the appearance concerns," said Charles Hawkins, an IRB spokesman.
Mr. Nagalingam is at the centre of a highly unusual refugee case that has angered police, immigration officials and the Conservative government. After coming to Canada as a refugee from Sri Lanka in 1994, Mr. Nagalingam joined AK Kannan, a Toronto street gang responsible for a wave of gun violence in Toronto.
Toronto police have implicated Mr. Nagalingam in the fatal shooting of two teenagers in Scarborough, a meat cleaver attack, the trashing of a Tamil community centre, threats, assaults and credit-card theft.
He was deported four years ago but six weeks ago, the Canadian government flew him back to Toronto. The reason: before he was deported, the government had promised to bring him back if he won a court appeal.
Long after he was deported, his lawyers continued to argue his case and last year they won; the Federal Court ruled that immigration officials had not followed proper procedure when they determined Mr. Nagalingam was a danger to Canadians.
"Unfortunately, we wouldn't even be in this situation if the previous Liberal government hadn't made a sweetheart deal with Nagalingam to bring him back to Canada," said Alykhan Velshi, spokesman for Immigration Minister Jason Kenney.
The government is now attempting to deport Mr. Nagalingam a second time, but Liberal MPs have been pushing for a halt to all deportations to Sri Lanka, which is in the final stage of a lengthy civil war.
In the meantime, the IRB said Mr. Nagalingam can be released if he meets the conditions set out in the order. Although under house arrest, he may still leave home for medical and legal appointments.
"We are outraged by the IRB's decision to release Nagalingam from custody," Mr. Velshi said.
"Our government has consistently argued before the IRB that Nagalingam should remain in custody because of the threat he poses to the Canadian public. This is a very problematic decision and we are currently reviewing what options are available to the government."
At an earlier hearing, Mr. Nagalingam said he had decided to start his life over. "Won't I get a chance for me to reform, to start my life again? That's all I am asking for. "
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