|
|
 |
News | Books | Careers | Mutual Funds | Stocks | ROB Magazine | Technology |
| Home | Business | National | International | Sports | Features | Arts | Forums | Subscribe | |||||||
|
|
|
 Practice of deporting claimants to U.S. for short stays called a 'useless and counterproductive exercise' ESTANISLAO OZIEWICZ
Toronto -- Canada's revolving-door refugee system is a "charade," puts an undue strain on Canadian taxpayers and constitutes "a scandalous abuse of our border," a Federal Court of Canada judge says. Madame Justice Donna McGillis made the stinging comments in a case involving a woman from Kazakstan who made two failed refugee claims and two unsuccessful court challenges yet is being allowed to stay to pursue permanent residence. "It is patently clear and obvious," Judge McGillis said, referring to this and other cases, "that the deportation of the applicants to the United States is a useless and counterproductive exercise that will result in the applicants filing a further futile claim for refugee status." Surprisingly, Toronto lawyer Lorne Waldman, who won the decision for
the Kazakstan woman, said Judge McGillis has exposed a "conspiracy of
silence" among the federal government and refugee lawyers and advocates
about a deportation process he called a sham. "This is a very cosy situation that everyone just closes their eyes to, the immigration lawyers, the refugees, the refugee-support groups and the government because they all benefit from it." Mr. Waldman said refugees are well-served because the system allows them repeated attempts to make a case and the government benefits because it is able to trumpet that it is getting rid of failed refugee claimants. "No one knows where they are deported to. No one cares," Mr. Waldman said. "It just looks good, the government says, 'Look how efficient we are. We're getting tough.' The reality is that a lot of these people are being deported to the United States and most of them come back." According to Immigration Department figures, since the beginning of 1996 about 3,300 unsuccessful refugee claimants have been deported to the United States. Yesterday, a department spokeswoman said officials were trying to find out how many of those were repeat claimants. Paradoxically, Judge McGillis herself stayed the deportation of Svetlana Jmakina and her six- year-old son to allow Ms. Jmakina time to prove her marriage to a Canadian is legitimate, rather than one of convenience. But Judge McGillis' ruling shows the judge's frustration with a system that allows deportation of non-United States' nationals to the United States, from where they can re-enter Canada and start the refugee process all over again. "Rather than engaging in this charade of deporting applicants to the United States for a second time and implicitly condoning the making of revolving-door refugee claims, the [Immigration] Department should simply make decisions on the outstanding applications for family-class sponsorship and for permanent residence." Ms. Jmakina's case illustrates the judge's concerns. Ms. Jmakina and her then-infant child, Maxim, entered Canada in May, 1994 via the United States and claimed refugee status. A year later, a refugee panel determined she was not credible. She challenged that decision but it was dismissed in 1995. Later that year, an immigration officer decided Ms. Jmakina and her son would not face harm in Kazakstan, a poor, but relatively peaceful part of the former of the Soviet Union. Ms. Jmakina was arrested in Toronto in the spring of 1996, but instead of deporting her and her son to Kazakstan, immigration officials took her to Buffalo, N.Y. There, she stayed at a refugee hostel for a little more than three months, whereupon she re-entered Canada and made another refugee claim. Earlier this year, she married a Montreal native, who is now trying to sponsor her for permanent residence. She has also applied to stay on compassionate grounds; one of her arguments is that her son, now in school, would be harmed by removal from Canada. Meanwhile, her second claim for refugee status was rejected and she was ordered deported yet again. Judge McGillis said that if she supported the Immigration Department's new attempt to deport Ms. Jmakina, the woman would be entitled to stay three months in Buffalo, return to Canada and make yet another refugee claim. "The revolving-door approach to refugee claims," says Judge McGillis, "casts a dark shadow over our immigration system, places an unnecessary burden on Canadian taxpayers, delays the hearing of meritorious refugee claims and constitutes a scandalous abuse of our border." In granting a stay of the removal order, Judge McGillis said deportation to the United States would serve no practical purpose: "In short, I cannot permit an innocent young child to be severely prejudiced by countenancing his deportation in circumstances that make no sense. I also see no purpose in separating the female applicant from her child." Mr. Waldman said that under a reciprocal agreement between Canada and the United States, the Immigration Department deports failed refugee claimants who have come through the United States back to a U.S. border city. He said Ottawa does this to save money: "The reason why they return them to the United States is because it doesn't cost them any money. It's a no-hassle deportation," compared to paying for a flight back to Kazakstan. He said the law allows a deportee to make another claim after being out of Canada for 90 days, a feature intended to allow changing circumstances in the country of origin. Controversial drug quietly approved after long battle by Carolyn Abraham and Paul Taylor - Friday, November 5, 1999 Ottawa saves as judge bucks
activist trend Refugee system 'scandalous,'
judge says Quebec Premier blasts
federal surplus Ottawa plan to top up aid
for farmers 'heartless'
|
|
Help & Contact
Us
Back
to the top of this page
Copyright © 1999 Globe
Information Services
