International Law Case Brief Essay

Facts George Christian Hanna (23 years old) is a stateless mortal seek to square off a country for refuge. In 1954 the United Nations addressed the line of work 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 Norwegian motor-ship in which he was treated as a stowaway and immure for more than 16 months. During these 16 months alongside the ship, Hanna made at least(prenominal) three trips to Canada. Hanna found himself in Canada looking for immigration status after being released by the act of habeus corpus. Immigration was not given and an fix of shipping was handed down. The vow was appealed on the basis that the order is defective, incomplete, and unachievable to stand foration or enforcement and beyond the authority of the immigration officer.Issue Is the transport order m ade by the immigration officer (acting as a special inquiry officer) legal and made within the means of his powerfulness?Decision The transit order would force Hanna to be imprisoned aboard The Gudveig for an indeterminate amount of time. The circumstances that this deportation order created are not acceptable and the order was found to be illegal and Hanna was to be released from detention.logical thinking The deportation order included four directives. Directive No. 2 thru No. 4 was discredited by the motor lodge 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 accost 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 mutual agreement on where he is real from. The court was notsatisfied with the affidavit of the immigration officer which contumac ious his birthplace 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. 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 authorities agreed Hanna stowed away from their port, they country is quite foreign to him. The court noted 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 tail end into detention aboard a ship. The immigration officer delegated to the owners of The Gudveig the responsibility for interpret the deportation order, which brings the court to believe that he himself (immigration officer) does not know what the order me ans. This fact alone is enough for the court to reason that the order is illegal. The sound judgement was found in the favour of Hanna because the deportation order was impossible to interpret and enforce.