11903.fb2 ГУЛаг Палестины - читать онлайн бесплатно полную версию книги . Страница 443

ГУЛаг Палестины - читать онлайн бесплатно полную версию книги . Страница 443

32. . . .

(2) Where an adjudicator decides that a person who is the subject of an inquiry is a permanent resident described in subsection

27(1), he shall, subject to subsections 45(1) and 47(3) [convention refugee], make a deportation order against that person.

72. (1) Subject to subsection (3), where a removal order is made against a permanent resident . . . that person may appeal to the

Board on either or both of the following grounds, namely,

(a) on any ground of appeal that involves a question of law or fact, or mixed law and fact; and

(b) on the ground that, having regard to all the circumstances of the case, the person should not be removed from Canada.

82.1 (1) In this section and section 83, "Review Committee" has the meaning assigned to that expression by the Canadian Security

Intelligence Service Act.

(2) Where the Minister and the Solicitor General are of the opinion, based on security or criminal intelligence reports received and

considered by them, that

(a) a person who has made . . . an appeal pursuant to paragraph 72(1)(b) . . .

. . .

is a person described,

(c) in the case of a permanent resident, in subparagraph 19(1)(d)(ii) or paragraph 19(1)(e) or (g) or 27(1)(c),

. . .

they may make a report to the Review Committee and shall, within ten days after the report is made, cause a notice to be sent

informing the person who made the appeal of the report and stating that following an investigation in relation thereto, the appeal may be

dismissed.

(3) Where a report is made to the Review Committee pursuant to subsection (2), the Review Committee shall investigate the grounds

on which it is based and for that purpose subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian Security

Intelligence Service Act apply, with such modifications as the circumstances require, to the investigation as if the investigation were

conducted in relation to a complaint made pursuant to section 42 of the Act, except that

(a) a reference in any of those provisions, to "deputy head" shall be read as a reference to the Minister and the Solicitor General; and

(b) paragraph 50(a) of that Act does not apply with respect to the person concerning whom the report is made.

(4) The Review Committee shall, as soon as practicable after a report is made to it pursuant to subsection (2), send to the person

who made the appeal referred to in that subsection a statement summarizing such information available to it as will enable the person

to be as fully informed as possible of the circumstances giving rise to the report.

(5) Notwithstanding anything in this Act, where a report concerning any person is made to the Review Committee pursuant to

subsection (2), the hearing of an appeal concerning the person ... pursuant to paragraph 72(1)(b) . . . shall be adjourned until the Review

Committee has, pursuant to subsection (6), made a report to the Governor in Council with respect to that person and the Governor in

Council has made a decision in relation thereto.

(6) The Review Committee shall,

(a) on completion of an investigation in relation to a report made to it pursuant to subsection (2), make a report to the Governor in

Council containing its conclusion whether or not a certificate should be issued under subsection 83(1) and the grounds on which that

conclusion is based; and

(b) at the same time as or after a report is made pursuant to paragraph (a), provide the person who made the appeal referred to in

subsection (2) with a report containing the conclusion referred to in that paragraph.

83. (1) Where, after considering a report made by the Review Committee referred to in paragraph 82.1(6)(a), the Governor in Council is

satisfied that a person referred to in paragraph 82.1(2)(a) . . . is a person described

(a) in the case of a permanent resident, in subparagraph 19(1)(d)(ii) or paragraph 19(1)(e) or (g) or 27(1)(c),

. . .

the Governor in Council may direct the Minister to issue a certificate to that effect.

(2) Notwithstanding anything in this Act, the Board shall dismiss any appeal made . . . pursuant to paragraph 72(1)(b) . . . if a

certificate referred to in subsection (1), signed by the Minister, is filed with the Board.

Canadian Security Intelligence Service Act, S.C. 1984, c. 21 (now R.S.C., 1985, c. C-23)

48. . . .

(2) In the course of an investigation of a complaint under this Part by the Review Committee, the complainant, deputy head

concerned and the Director shall be given an opportunity to make representations to the Review Committee, to present evidence and to

be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on