International Law Case Brief Essay

Facts George Christian Hanna (23 years old) is a dispossessed person trying to identify a nation for refuge. In 1954 the United Nations addressed the problem of stateless persons to solve the problem when one seeks refuge within a country however, Canada is non a signatory. Spending most of his life as a ship-bound passenger, Hanna does not have a homeland. Hanna applied for refuge from The Gudveig a nonese motor-ship in which he was treated as a stowaway and imprisoned for more(prenominal) than 16 months. During these 16 months aboard the ship, Hanna do at least tether trips to Canada. Hanna entrap himself in Canada looking for immigration status after creation released by the act of habeus corpus. Immigration was not given and an instal of trans expressionation was handed down. The put in was appealed on the basis that the order is defective, incomplete, and impossible to interlingual rendition or enforcement and beyond the authority of the immigration officer.Issue Is the transportation system order made by the immigration officer (acting as a modified inquiry officer) legal and made within the means of his power? close The transportation order would force Hanna to be imprisoned aboard The Gudveig for an undetermined amount of time. The circumstances that this deportation order created are not unobjectionable and the order was found to be illegal and Hanna was to be released from handle.Reasoning The deportation order included four directives. Directive No. 2 thru No. 4 was discredited by the solicit and No. 1 was the only if directive considered and it went as follows that Hanna be deported to the place whence he came to Canada. The solicit found that this meant many different things and that it was not possible to find where Hanna came from sooner he stepped into Canada. The concomitant remains that Hanna is a stateless person and on that point is no mutual agreement on where he is actually from. The court was not satisfied w ith the affidavit of the immigration officer which fixed his cradle as Djibouti in French Somaliland.Also the court was not satisfied with the Norwegian lawyers claims that he is an Egyptian who was born in Alexandria. different 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 government agreed Hanna stowed away from their port, they country is quite foreign to him. The court celebrated that it had referenced other authorities cited by counsel 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 hims elf (immigration officer) does not know what the order means. This fact alone is enough for the court to reason that the order is illegal. The judgment was found in the favour of Hanna because the deportation order was impossible to interpret and enforce.