Judge sets aside decision to refer Abdoul Abdi case to deportation hearing
HALIFAX — A Federal Court judge has set aside a decision to refer the case of Abdoul Abdi to a deportation hearing, saying Ottawa “blatantly” ignored the Somali child refugee’s charter rights and did not consider international law.
In a written decision dated July 13, Justice Ann Marie McDonald said a delegate of the public safety minister failed to consider the Charter of Rights and Freedoms and international law in arriving at her decision, despite being statutorily mandated to render a decision consistent with the charter.
“Most blatantly, the (delegate’s) decision discloses no indication that the (delegate) even considered the charter values,” said McDonald, who does not name the delegate in her decision.
“In fact, the charter is not mentioned anywhere in the (delegate’s) cover letter outlining the issues she considered or in the body of her decision. This is so despite Mr. Abdi’s extensive submissions on the charter.”