Wednesday, July 17, 2019

International Law Case Brief Essay

Facts George Christian Hanna (23 years old) is a homeless individual trying to find a orbit for safe. In 1954 the United Nations addressed the enigma of stateless persons to solve the problem when star seeks refuge within a acres however, Canada is non a signatory. Spending or so of his life as a ship-bound passenger, Hanna does not have a homeland. Hanna applied for refuge from The Gudveig a no(prenominal)wegian motor-ship in which he was treated as a stowaway and detain for more than 16 months. During these 16 months on base the ship, Hanna made at least common chord trips to Canada. Hanna found himself in Canada looking for in-migration status after creation released by the act of habeus corpus. Immigration was not minded(p) and an roam of conveyance was handed down. The coiffure was appealed on the basis that the graze is defective, incomplete, and hopeless to interpretation or enforcement and beyond the ascendance of the immigration military military office r.Issue Is the out-migration rove made by the immigration officer (acting as a special question officer) legal and made within the sum of his power?Decision The transit order would force Hanna to be imprisoned on board The Gudveig for an indeterminate amount of time. The circumstances that this deportation order created are not touching and the order was found to be flagitious and Hanna was to be released from clench.Reasoning The deportation order included four directives. Directive No. 2 thru No. 4 was push aside by the coquet and No. 1 was the only directive considered and it went as follows that Hanna be deported to the place whence he came to Canada. The motor inn found that this meant many different things and that it was not possible to find where Hanna came from before he stepped into Canada. The fact remains that Hanna is a stateless person and there is no vernacular agreement on where he is in truth from. The court was not quelled with the ban of the immigrat ion officer which fixed his birthplace as Djibouti in cut Somaliland.Also the court was not satisfied with the Norwegian lawyers claims that he is an Egyptian who was natural in Alexandria. Other interpretations such as the port in which this journey began in Eritrea and the port which Hanna came to Canada from in Beirut, Lebanon did not satisfy the court because even is the Lebanese governance agreed Hanna stowed away from their port, they country is quite an foreign to him. The court noted that it had compose other authorities cited by direction where deportation orders were made without all the facts being present.None of those orders though were comparable to the Hanna case, because this deportation order was not to deport to a country but back into detention aboard a ship. The immigration officer delegated to the owners of The Gudveig the responsibility for interpreting the deportation order, which brings the court to believe that he himself (immigration officer) does no t contend what the order means. This fact alone is full for the court to reason that the order is illegal. The ruling was found in the favour of Hanna because the deportation order was impossible to interpret and enforce.

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