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“As best as I can tell from Mr. Ali’s criminal record, he has spent almost twice as much time in detention, pending his removal, than he served as punishment for all of his criminal convictions added together. That result is unacceptable.”

Nordheimer was also unconvinced by the government’s argument Ali was blocking their effort.

“I do not accept that Mr. Ali is intentionally withholding critical information that, if revealed, would break the logjam in obtaining the necessary documentation to permit his removal,” he said.

He has spent almost twice as much time in detention, pending his removal, than he served as punishment for all of his criminal convictions added together

Jared Will, Ali’s lawyer, said he did not want to comment on the lawsuit. Will is challenging the constitutionality of indefinite immigration detention at the Federal Court of Appeal, but a Federal Court judge upheld the regime last summer, ruling that there is no “single, simple answer” for when detention has become unreasonable.

The Toronto Star has reported that refugee claimant Ebrahim Toure is currently the longest-serving detainee, having been kept behind bars for more than five years while the government seeks to prove his identity and deport him to Gambia.

Public Safety Minister Ralph Goodale’s office declined to comment on a matter before the courts. It said a new policy framework announced in 2016 aims to improve immigration detention infrastructure, provide better health services and explore more alternatives to detention. It budgeted $138 million over five years. The government is also “working on separate legislation to create an appropriate mechanism to review CBSA officer conduct and conditions, and handle specific complaints,” said the statement.

In the meantime, Ali now lives in Ontario and has been issued a work permit and interim health coverage. He plans to file for permanent residency based on humanitarian and compassionate grounds, the lawsuit says.

“He has continued to seek treatment for his mental health problems and to attempt to recover from the harm inflicted by his lengthy incarceration,” the lawsuit says.

• Email: bplatt@postmedia.com | Twitter: btaplatt