International Law Case Brief Essay
Information: George Christian Hanna (23 years old) is a stateless person attempting to find a country pertaining to refuge.
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In 1954 the United Nations resolved the problem of “stateless” folks to solve the challenge when one seeks refuge within a nation; however , Canada is not a signatory. Spending most of his life as being a ship-bound traveler, Hanna does not have a homeland. Hanna applied for sanctuary from The “Gudveig” a Norwegian motor-ship by which he was cared for as a “stowaway” and locked up for more than of sixteen months. During these 16 a few months aboard the ship, Hanna made at least 3 trips to Canada. Hanna found himself in Canada trying to find immigration position after being released by the action of habeus corpus.
Migration was not presented and a great order of deportation was handed down. The order was appealed on the basis which the order is defective, incomplete, and not possible to model or enforcement and over and above the expert of the migration officer. Concern: Is the deportation order made by the migrants officer (acting as a unique inquiry officer) legal to make within the ways of his electrical power? Decision: The deportation purchase would push Hanna being imprisoned on The “Gudveig” for a great indeterminate period of time. The circumstances this deportation purchase created aren’t acceptable and the order was found to become illegal and Hanna was to be introduced from detention.
Reasoning: The deportation purchase included several directives. Directive No . 2 thru No . 4 was discredited by court and No. 1 was the only enquete considered and it proceeded to go as follows: that Hanna be deported for the place whence he found Canada. The court found that this meant many different points and that it was not possible to look for where Hanna came from ahead of he entered into Canada.
The simple fact remains that Hanna is a “stateless person” and there is not any mutual arrangement on in which he is actually by. The court was not satisfied with the diploma of the migrants officer which usually fixed his birthplace as Djibouti in French Somaliland. Also the court has not been satisfied with the Norwegian attorneys claims that he is an Egyptian who was born in Alexandria. Various other interpretations like the port through which this journey began in Eritrea plus the port which will Hanna found Canada from in Beirut, Lebanon would not satisfy the the courtroom because also is the Lebanese authorities decided Hanna stowed away from their particular port, they country is very foreign to him.
The court known that it acquired referenced other authorities cited by counsel where deportation orders were made without each of the facts staying present. None of those orders though had been comparable to the Hanna circumstance, because this deportation order was not to deport to a region but back in detention up to speed a send. The immigration officer delegated to the owners of The “Gudveig” the responsibility pertaining to interpreting the deportation order, which provides the the courtroom to believe that he him self (immigration officer) does not really know what the order means. This kind of fact only is enough to get the the courtroom to purpose that the buy is against the law.
The view was present in the prefer of Hanna because the deportation order was impossible to interpret and enforce.
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