VANCOUVER — His deportation may be only days away and an immigration board official agrees Lai Changxing is a flight risk who likely consorted with criminals, but the Chinese fugitive was ordered released Wednesday.
Still, Lai’s freedom may be short-lived, if it even happens at all.
The Federal Court was set to hear an application Thursday to stay his deportation order. If Lai’s request for a stay is turned down, he could be on a plane back to China as early as next week.
And within hours of Wednesday’s Immigration and Refugee Board decision ordering Lai released, federal government lawyers were in Federal Court asking that he be kept in jail.
Immigration and Refugee Board member Geoff Rempel ordered Lai released, saying he was relying on Lai’s record while Lai battled through lengthy legal procedures to try to stay in Canada.
“Mr. Lai, over the last decade, has demonstrated a long history of showing up as required for immigration proceedings,” said the adjudicator.
“Overall Mr. Lai has demonstrated very positive compliance with previous conditions.”
Rempel released Lai with an 11 p.m. to 8 a.m. curfew and an order to stay away from certain gang members.
Lai is wanted in China on allegations he was the kingpin in a massive smuggling operation that siphoned millions from the coffers of the Chinese government.
Rempel conceded that Lai may have been involved in criminal activity in Canada, “but Lai has not been arrested on criminal charges, much less convicted.”
“I accept there is a risk of flight in Mr. Lai’s case. But I am satisfied that adequate terms and conditions will mitigate that risk.”
A lawyer for the border service had argued that Lai’s links to organized crime in Canada makes him a serious flight risk.
Vancouver Police Det. James Fisher testified earlier in the hearing that Lai’s connections with the Big Circle Boys gang could enable him to get fake documents good enough to fool border officials.
Rempel also agreed Lai had ample opportunity to get documents that would allow him to escape from Canada.
“But he hasn’t done so — even when he was most at risk in 2006.”
Officials with Canada Border Services Agency arrested Lai two weeks ago, a day after a second pre-removal risk assessment said China would not seek the death penalty or torture Lai if he was returned to face charges.
The first risk assessment released in 2006 also said he was safe to be returned, but a Federal Court overturned that decision.
Rempel said he based his release decision Wednesday on the fact that Lai didn’t run five years ago when he was under the same pressures.
The adjudicator said the onus is on the government to prove the Chinese businessman was a potential flight risk in order to justify depriving him of his liberty, and they didn’t do that.
In fact, Rempel didn’t even bother listening to Lai’s lawyer argue for his release at the hearing but went directly to his decision.
Lai was ordered released last week by an immigration board, but border service officials went to Federal Court and the court granted a temporary stay holding him in custody.
Outside the immigration hearing Wednesday, Lai’s lawyer Darryl Larson said officials with CBSA told him they wouldn’t be seeking to detain Lai again, but the border agency apparently changed its mind.
A Federal Court judge heard an urgent application late Wednesday afternoon, and a decision was expected later.
“We’re on the eve of removal. That’s why this is important. We want to be in a position to quickly get Mr. Lai out,” Helen Park, a lawyer for the border services agency, told Federal Court.
“Who are we dealing with? A fugitive who has allegedly masterminded a multi-billion-dollar smuggling ring. He has associations with criminals.”