Sadly, as reported by Matthew Coutts of the National Post,  Mr. Daniel Johnson’s bid for Canadian permanent residence on Humanitarian and Compassionate grounds was dashed when the Federal Court upheld the refusal of his application.

Johnson is former pro basketball player who fled the devastation of Hurricane Katrina for Toronto where he had two Canadian born children. He is a dual American/Israeli citizen and is a black Jew. He tried out for the Toronto Raptors, now coaches youth basketball for the disabled and disadvantage. And he came to Canada not only because of the loss of his home  and employment in Louisiana but also to care for his two children after his ex-wife gave up custody.

Sounds like a great case? I would think so. Unfortunately, not so in the eyes of Citizenship and Immigration and the Federal Court.

Humanitarian and Compassionate applications are typically filed by people who do not normally fall under one of the standard but restrictive immigration categories such as the Skilled Worker  or Family class. Humanitarian applicants are often undocumented de facto illegals living in Canada who want nothing more than to get their immigration papers and live a normal life. To qualify for permanent residence on humanitarian grounds, applicants have to show that they would suffer undue or unusal hardship in their home country should they be required to return  and that they can successfully establish themselves in Canada.

In Mr. Johnson’s case, his long history of volunteerism combined with the loss of livelihood as a victim of a natural disaster was just not enough for Canada immigration to approve his case.  Unfortunately, deserving cases like these are all too often refused. Humanitarian applications are highly discretionary and immigration officers are charged with the duty of assessing cases based on broad criteria. This makes the outcome of such cases very unpredictable with sometimes unfair results.

Mr. Johnson has obviously endured a great deal of hardship. There are so many strong elements to his case that I find it unconscionable that he faces removal from Canada. The humanitarian factors in his case are overwhelming: a victim of a natural disaster, Canadian born children, a stellar volunteer, a visible and religious minority. If Mr. Johnson is not deserving of an approval, then who is? Indeed what does it take?

On Christmas Eve of last year, several Toronto-area families were torn apart when four men died and one was critically injured after the scaffolding they were working on collapsed, the worst construction accident in the city in five decades.

Now, the North York family of one man, Vladimir Korostin, faces deportation from Canada while they continue to try to come to terms with the loss of a father. Korostin and his wife, Irina Cherniakova, obtained a divorce while living in Canada but remained amicable in raising their two daughters, seven-year-old Daniela and 14-year old Inna.

Korostin’s family came to Canada as refugees, being uncomfortable as Orthodox Christians in a mainly Jewish country and in an attempt to avoid having their daughters forced into the Israeli army after high school, which is mandatory by law. Canada seemed like the ideal country for the family, who according to Cherniakova were told by friends that, “If you’re Muslim, Christian or Jewish, you can find your place in Canada,” and that, “you will be respected for who you are as a human being.”

The family has a hearing in February 2010, at which Cherniakova can try to convince the Immigration and Refugee Board (IRB) that they will either face torture, cruel and unusual punishment or a risk to their lives if they are deported. If they do not win the hearing, the family will have to leave their home of three years as well as their father and ex-husband’s grave. They can also make a humanitarian and compassionate application to stay as a last resort.

The chances of Israeli refugee claims being accepted in Canada are quite low, and only five and six per cent have been successful in the last two years.  It would be a double tragedy for this family should they be removed from Canada. But Israel, unlike many of its surrounding neighbor countries, is democratic and is not a generally considered to be refugee producing country. Therefore the family’s best bet would their humanitarian and compassionate application for Canadian permanent residence. Given the recent accident, I think they have a good case for success.

I am having a terrible time with Canada immigration and now I am due to be deported from Canada. It was set for 12th September 2009 but 20 minutes later I received a call from the agent at the CBSA and he told me that they made a mistake and my ticket is no longer valid.  I haven’t received a call back yet.  I have been in Canada for 20 years, worked and paid taxes in Montreal. After my Refugee file was denied I waited two years at the same apartment and never got the Pre Removal Risk Assessment (PRRA) form. So I moved and now I live in Ontario. I now have a Humanitarian and Compassionate claim filed at the Case Processing Centre in Mississauga, for almost two years now.

I know I can try to appeal to the Federal Court but it is very expensive. I do not want to go back to Commonwealth of Dominica. I haven’t been there since I was 16 years old.  What is your advice?
_____________________

With an immigration history like yours and what appears to be an deportation order issued against you, your only option is to file an appeal to the Federal Court and ask them to Stay or “Freeze” your removal from Canada pending your Humanitarian and Compassionate Application. You should retain a lawyer to assist you with this as Federal court matters are complicated.

American war resister, Dean Walcott, who has been denied his application for Canadian permanent residence based on Humanitarian and Compassionate grounds told reporters that he has been ordered to leave.  Walcott, an Iraq war dodger who has been living in Toronto for two years, said that Canada’s immigration officials have ordered him to leave Canada or face deportation.

Continue Reading »