REFUGEE

The government wants to go behind closed doors to introduce secret evidence at detention review hearings for 11 Tamil migrants who turned up on the West Coast.

Lawyers for the migrants were told Friday that federal counsel have applied under a special section of the immigration law to keep information under wraps.

The MV Princess Easwary showed up in waters off Vancouver Island in October carrying 76 migrants, all but one of whom remain in custody.

At issue is whether any belong to the Liberation Tigers of Tamil Eelam, a group seeking an independent homeland in Sri Lanka. Canada has branded the organization, commonly known as the Tamil Tigers, a terrorist group.

As a result, taking part in or assisting the group's activities can result in stiff penalties under the Anti-Terrorism Act.

Under section 86 of the Immigration and Refugee Protection Act, the government can "make an application for non-disclosure of information" to avoid revealing sensitive intelligence during detention review or admissibility hearings.

"The government has some evidence they want to introduce in secret. They have a right to be able to do that," said Lorne Waldman, a lawyer for 23 of the migrants.

Waldman said he's seen no evidence the migrants have links to the Tamil Tigers.

"Based upon what we've been told by our clients, we have no indication that any of them are connected to the Tigers. They've all indicated to us that they're not."

Rohan Gunaratna, a Singapore-based terrorism expert and adviser to the federal government, has alleged that some are members of the separatist movement.

Under the immigration process involving secret evidence, special advocates will be appointed to scrutinize confidential evidence the government puts forward, helping safeguard the rights of the refugee claimants.

Waldman said four potential special advocates have been nominated, subject to federal approval.

"We'll just have to wait and see what happens."

Hannah Mahoney, a spokeswoman for the Canada Border Services Agency, had no immediate comment.

The Canadian Council for Refugees has raised concerns about the use of secret evidence before the Immigration and Refugee Board.

The council notes the board is a quasi-judicial administrative tribunal, not a court, and only some of its decision-makers are lawyers.

Hearings are conducted with greater informality and fewer procedural protections than before a court, says the council. Yet possible outcomes include lengthy detention and deportation from Canada with a risk of persecution or torture.