Canada Border Services Agency wants an admissibility hearing

Days after a gang member was released from custody following his appeals to deportation orders which was issued four years ago, it is being said that the border officials are armed with new information aimed at seeing him finally being from the country.

Days after a gang member was released from custody following his appeals to deportation orders which was issued four years ago, it is being said that the border officials are armed with new information aimed at seeing him finally being from the country.

Tran Trong Nghi Nguyen was released on Tuesday from the Remand Centre and this prompted police to voice concerns of the potential violence it might lead to given his criminal past.

Paula Faber, an Immigration and Refugee Board spokeswoman said yesterday that an application has been made by Canada Border Services Agency for an admissibility hearing. The hearing was scheduled earlier but is now being rescheduled.

The hearing, which applies to permanent residents or foreign nationals, clearly means that the border officials will argue for Tran to be deported from Canada as soon as possible.

Faber said that it can be argued on the grounds that an individual is involved in crime, a security threat or has contravened immigration and refugees laws in the past.

She said that the case at the hearing for Tran will be based on new allegations that are presented by the CSBA.

26-year-old Tran is a known gang member with an assault and a drug-trafficking conviction and he was ordered to be deported back to Vietnam in the year 2004. Sources said that Tran walked away uninjured in a 2005 shooting in Calgary. Hours after failing to turn up at an appeal hearing, he was arrested this past January. He was arrested at the funeral of a fellow-gangster Mark Kim. Since then Tran was held in custody as he was deemed a flight risk.

This week, he was finally released under strict conditions after posting a bond of $20,000. The federal Public Minister Stockwell Day weighed in on the case which he calls as frustrating.

He told a radio that rules that have been put in place under a former Liberal regime, along with certain rulings that have set precedent, allow for a significant number of appeals.

He said that the lawyer of Tran has successfully used a series of regulations and precedents that are in place in order to delay the deportation order.

Day said that from the point of view of public safety and the CBSA officers, in situations like this, everyone wants to see these people deported quickly. He said that he wants people to have the ability to appeal but does not want to see the Canadians laws being abused.