E/CN.4/2006/7/Add.2 page 12 is inadmissible on grounds of security, or (d) “the Minister is of the opinion that the identity of the foreign national has not been, but may be, established and they have not reasonably cooperated with the Minister by providing relevant information for the purpose of establishing their identity or the Minister is making reasonable efforts to establish their identity”. (sect. 58 (1)). 39. Both the immigration officer and the Immigration Division may impose conditions, such as reporting to an immigration officer, not going into certain places or not associating with certain persons, the payment of a cash deposit or the posting of a guarantee, when they order the release of a detained foreign national or permanent resident. 40. The remedy against decisions of the Immigration Division is an application for leave to apply for judicial review to the Federal Court. A judge of the Federal Court will decide, without personal appearance of the detained person, whether to grant leave to commence an application for judicial review. If leave to commence an application for judicial review is granted, however, the Federal Court will hold a hearing in the judicial review proceedings before it decides the case. (b) Detention under security certificates 41. The principal goal of the security certificate process is to permit the removal of non-citizens who are inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality through a procedure that protects confidential information. Security certificates have existed in Canadian immigration law since 1978, and the procedure has been used 27 times. There are currently four persons detained under security certificates, and two released under very strict terms and conditions imposed by a judge upon release. It is important to stress that the majority of aliens inadmissible to Canada on grounds of security are held in immigration detention without resorting to the security certificate process. 42. A security certificate is signed by the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness. The security certificate will be referred to a judge of the Federal Court. The proceedings before the Federal Court in security certificate cases are governed by rules intended to ensure the confidentiality of the information on which the certificate is based. 43. The judge “shall, on the basis of the information and evidence available, determine whether the certificate is reasonable”, and quash it if it is not reasonable. The determination of the judge is final and may not be appealed or judicially reviewed (IRPA, sect. 80). If a certificate is determined to be reasonable, “it is a removal order that may not be appealed against and that is in force without the necessity of holding or continuing an examination or an admissibility hearing”, and the person named in it may not apply for refugee protection (sect. 81). 44. As soon as the security certificate is issued (i.e. without awaiting the judge’s determination on the reasonableness of the certificate), arrest and detention of the person concerned are mandatory, unless he is a permanent resident. If the person concerned by the security certificate is a permanent resident of Canada, the two ministers can issue an order for his arrest (IRPA, sect. 82). Not later than 48 hours after the beginning of detention of a permanent