Habeas Corpus

Legal Aid Ontario (LAO) covers meritorious habeas corpus applications to the Ontario Superior Court for immigration detainees who have been in custody for a minimum of 180 days. A habeas corpus application will compel the Superior Court to examine the reason(s) for the detention and determine if those reasons are valid.

LAO process

Every LAO immigration client in detention for a minimum of 180 days is eligible to receive an opinion or merit assessment certificate for three hours. A refugee appellate roster lawyer will examine the reasons why the client has been detained and provide an opinion regarding the likelihood of success of a habeas corpus application.