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Author Topic: Article: Family Wrongly Deported Returns to Canada  (Read 302 times)
ddobro2
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« on: September 23, 2011, 12:22:37 pm »

OTTAWA— An Albanian family that was deported more than two years ago was set to return to Canada on Thursday after a federal court ruling allowed them back in the country.
 

Supporters of the family and community members from Etobicoke, Ont., were expected at Pearson International Airport in Toronto on Thursday afternoon to greet the family.
 

Arjan Tabaj was the victim of an apparent assassination attempt a decade ago in Albania and was left partially paralyzed after the pro-democracy van he was reportedly riding in was attacked. He and his family later returned to Canada.
 

He was deported in June 2009 along with his wife and three children — including the family's Canadian-born twin sons.
 

A federal-court decision, however, recently found that the family's removal was not justified and that they met the criteria to remain in Canada as refugees.
 

In the House of Commons on Thursday, Liberal citizenship and immigration critic Kevin Lamoureux demanded that Immigration Minister Jason Kenney's office issue an apology to the family.
 

"The guy was in hiding in Albania for two years in fear of his life because there are people in his home country that want him dead," Lamoureux told Postmedia News on Thursday.
 

"He had twins that were born here in Canada and (the deportation caused) the disruption and destruction of his life because the minister didn't do what the minister should have done. He owes him an apology . . . at the very least."
 

"What we need to recognize is that refugees play a critical role in the overall development of our country and contribute immensely to the social and economic benefits that all Canadians have."
 

Rick Dykstra, parliamentary secretary to Kenney, said in question period that Canada has a "fair and just refugee system."
 

"In fact, so much so that we ensure that we are going to improve upon that system with Bill C-11, the refugee reform act, of which every member of the 41st Parliament supported unanimously," said Dykstra.
 

In addition to the family being allowed back in Canada, the immigration minister was on the hook for covering their legal fees. The family's status as protected persons was restored and Judge Sandra J. Simpson ordered the respondent — Kenney — to pay the family's costs of $1,500.
 

A federal pre-removal risk assessment, dated May 26, 2010, said the family was guilty of misrepresentation. However, during a hearing in Toronto on Aug. 10, 2011, Simpson found "there was no basis for the decision."
 

In her Aug. 30, 2011 ruling on the matter, Simpson said the family would be granted temporary resident permits that would be valid for two years and that applications for permanent residence as protected persons could be completed once they return to Canada.
 

Etobicoke-Centre Liberal MP Borys Wrzesnewskyj, who helped retain a lawyer for the Tabaj family with his own funds, said the family's return was a joyous occasion.
 

"It's a wonderful day thanks to the decision by the federal court judge. We brought a family out of harm's way and two Canadian-born boys back to the safety and security of Canada," said Wrzesnewskyj.
 

"After today, they no longer have to worry about what dangers lurk around the corner and they came back to the Canadian dream, Canada's promise. It's a great day, a wonderful day."
 

bbouzane @ postmedia.com
 

achung @ postmedia.com
 
© Copyright (c) Postmedia News


Read more: http://www.canada.com/Family+wrongly+deported+returns+Canada/5444450/story.html#ixzz1YnUc9PyZ
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CharlieD10
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« Reply #1 on: September 23, 2011, 12:55:45 pm »

I looked up their case on CanLII when I saw that article.  I could only find one case, referring to the application for judicial review of the decision to appoint the mother as the daughter's representative.  They were not successful that time either.  I would have liked to have read the details surrounding the refugee claim itself, there seemed to be some issues of credibility and supporting documentation for the claim.
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KhalidIraq
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« Reply #2 on: September 25, 2011, 11:03:28 am »

OTTAWA— An Albanian family that was deported more than two years ago was set to return to Canada on Thursday after a federal court ruling allowed them back in the country.
 

Supporters of the family and community members from Etobicoke, Ont., were expected at Pearson International Airport in Toronto on Thursday afternoon to greet the family.
 

Arjan Tabaj was the victim of an apparent assassination attempt a decade ago in Albania and was left partially paralyzed after the pro-democracy van he was reportedly riding in was attacked. He and his family later returned to Canada.
 

He was deported in June 2009 along with his wife and three children — including the family's Canadian-born twin sons.
 

A federal-court decision, however, recently found that the family's removal was not justified and that they met the criteria to remain in Canada as refugees.
 

In the House of Commons on Thursday, Liberal citizenship and immigration critic Kevin Lamoureux demanded that Immigration Minister Jason Kenney's office issue an apology to the family.
 

"The guy was in hiding in Albania for two years in fear of his life because there are people in his home country that want him dead," Lamoureux told Postmedia News on Thursday.
 

"He had twins that were born here in Canada and (the deportation caused) the disruption and destruction of his life because the minister didn't do what the minister should have done. He owes him an apology . . . at the very least."
 

"What we need to recognize is that refugees play a critical role in the overall development of our country and contribute immensely to the social and economic benefits that all Canadians have."
 

Rick Dykstra, parliamentary secretary to Kenney, said in question period that Canada has a "fair and just refugee system."
 

"In fact, so much so that we ensure that we are going to improve upon that system with Bill C-11, the refugee reform act, of which every member of the 41st Parliament supported unanimously," said Dykstra.
 

In addition to the family being allowed back in Canada, the immigration minister was on the hook for covering their legal fees. The family's status as protected persons was restored and Judge Sandra J. Simpson ordered the respondent — Kenney — to pay the family's costs of $1,500.
 

A federal pre-removal risk assessment, dated May 26, 2010, said the family was guilty of misrepresentation. However, during a hearing in Toronto on Aug. 10, 2011, Simpson found "there was no basis for the decision."
 

In her Aug. 30, 2011 ruling on the matter, Simpson said the family would be granted temporary resident permits that would be valid for two years and that applications for permanent residence as protected persons could be completed once they return to Canada.
 

Etobicoke-Centre Liberal MP Borys Wrzesnewskyj, who helped retain a lawyer for the Tabaj family with his own funds, said the family's return was a joyous occasion.
 

"It's a wonderful day thanks to the decision by the federal court judge. We brought a family out of harm's way and two Canadian-born boys back to the safety and security of Canada," said Wrzesnewskyj.
 

"After today, they no longer have to worry about what dangers lurk around the corner and they came back to the Canadian dream, Canada's promise. It's a great day, a wonderful day."
 

bbouzane   @   postmedia.com
 

achung   @   postmedia.com
 
© Copyright (c) Postmedia News


Read more: http://www.canada.com/Family+wrongly+deported+returns+Canada/5444450/story.html#ixzz1YnUc9PyZ

Law in Canada is really respected. I wish it were in our countries!
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