CBC News – […] If Harkat’s application to stay is rejected, he could challenge the decision by way of judicial review in Federal Court. But he would have to allege there was some kind of procedural irregularity in the decision.
“It’s very hard to actually challenge the merits,” Aiken said.
If the judge believed a procedural error had occurred, the case could be bounced back and forth between the Federal Court and the Immigration Department for an extended period of time, Aiken said. From there, it’s possible the case could make its way to the Federal Court of Appeal and finally the Supreme Court of Canada. But Aiken, who was counsel for the Canadian Council for Refugees and International Civil Liberties Monitoring Group, which intervened in the Harkat case, said Harkat will not have endless routes of redress. Read more