XXX v MCI 2010 FC 112

The Court overturned an order for release. The Court considered the provision which allows for the detention of a person where the Minister has a reasonable suspicion that the person may be inadmissible on grounds of security. The Court held that the Immigration Division is required to give deference to the Minister's conclusion that there is a reasonable suspicion and not make a de novo determination. "[16] The question that must be answered by the Board is not whether the evidence relied upon by the Minister is true or compelling, but whether that evidence is reasonably capable of supporting the Minister’s suspicion of potential inadmissibility. Evidence which is objectively ascertainable may be circumstantial, as it was in this case, and it may be open to more than one interpretation. It may also be contradicted by other available evidence. But the question that remains is whether the evidence, when considered globally, could support the possibility of inadmissibility."