Posted ByMax Berger
The Federal Court of Canada has allowed a woman who became a permanent resident by lying about her identity to remain in Canada, saying her severely disabled son would be unable to receive the medical care he needs if she were deported to the Philippines.
The decision, posted this week on the Federal Court of Canada’s website, has raised questions about the extent to which humanitarian and compassionate grounds should trump fraudulent misrepresentation in cases where deportation might result in undeserved or disproportionate hardship.
The case began in January 1999, when Maria Canlas and her two daughters arrived in Vancouver from the Philippines. Ms. Canlas was able to obtain permanent resident status for herself and her daughters by using fake birth certificates and claiming she was married to a man named Alberto Pangilinan, which was untrue.
In 2002, Ms. Canlas gave...
Posted ByMax Berger
A hairstylist who claims she’ll be the victim of an honour killing by her ex-husband if deported is still receiving threats from him even though he’s in Pakistan, according to documents filed in court.
Roohi Tabassum, 44, of Brampton, last week won an appeal to have her case reviewed by immigration officials. Her deportation has been put on hold pending the outcome of the appeal.
In letters presented in court, her ex-husband, Faisal Javed vowed “to finish” her off because she left him and came to Canada and works as a hairstylist touching men’s hair. He is also outraged that she may have a boyfriend, which she denies.
“I just want this to be over with and to go on with my life,” she said yesterday. “The threats against me are still there but I am more careful now,” Tabassum said.
“I came here because Canada is...
Posted ByMax Berger
A Federal Court judge has ordered the Ministry of Citizenship and Immigration to consider the credibility of a woman’s claim that she will be the victim of an “honour killing” if deported to her home country of Pakistan.
Justice Michael Kelen found that an immigration officer reviewing evidence in the case of Roohi Tabassum, a 44-year-old Mississauga hair stylist who has been fighting to stay in Canada since 2001, made a mistake by characterizing as “not threatening” letters purportedly from Ms. Tabassum’s husband in which he promised to “finish” Ms. Tabassum if she returned to Pakistan.
According to documents submitted to Citizenship and Immigration obtained by the National Post, Ms. Tabassum claims her husband, Faisal Javed, thought to be living in Dubai, began sending her letters and emails in 2006 in which he threatens to kill her for “dishonouring” his family by touching...
Jason Kenney has compromised his position as immigration minister by repeatedly slamming the validity of various refugee claims and blatantly undermining the independence of Canada’s refugee tribunal, legal and immigration experts, including former IRB chairman Peter Showler, are charging.
Over the past several months, Mr. Kenney has publicly declared asylum claims by U.S. war deserters to be “bogus,” accused would-be Mexican refugees of systematically abusing the system, and questioned the legitimacy of refugee claims by Roma from the Czech Republic.
Mr. Kenney has said that the Roma face no state persecution in the Czech Republic here attacks on their communities by radical groups are said to be on the rise in spite of the fact that the Immigration and Refugee Board has approved nearly all such claims. In 2008, 94 per cent of Czech Roma claims were accepted, while in the first six months of 2009, 72...
Posted ByMax Berger
Law forbids immigrants from sponsoring children, spouses left off initial application
When Nguyen Van Hai fled Vietnam, he cried for the baby boy he was forced to leave behind. Poverty and the chaos of civil war had separated him and his girlfriend, who had sole custody of young Chien.
In 1987, Mr. Hai escaped to a refugee camp in Hong Kong with his mother and three siblings. He married another woman before being accepted three years later on Sept. 5, 1990, to come to Canada, part of the massive influx of Vietnamese boat people who arrived in those tumultuous years.
On his application form, Mr. Hai made a crucial decision that would come back to haunt him. He did not declare his out-of-wedlock son, afraid it would jeopardize his family’s chance of being accepted as immigrants — and fearing to tell his wife the truth.
What...
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