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Judge delays deportation of Eritreans who misled Canadian authorities

The family came to court without “clean hands” because the adult applicants had misled immigration authorities about their Swedish citizenship for many years

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An Eritrean family that was granted refugee status in Canada without telling immigration authorities that they already had Swedish citizenship has persuaded a federal judge in Ottawa to defer their deportation from Canada so that the children can continue their schooling here, even though their Parents came to court “without warning.” “clean hands” due to their deception.

Solomon Yohannes Goitom, Eden Rezene and their two children were due to be sent back to Sweden on December 28 because, although they had been granted refugee status in Canada, it later emerged that they had actually received Swedish citizenship.

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However, the family had asked the court to postpone the deportation so that their children could continue to study in Canada.

“Due to the particular circumstances of this case and taking into account the evidence of the eldest child who will graduate from middle school this year and the evidence about the school year calendar in Sweden, I am convinced that irreparable damage has been caused.” “It was because of the short-term welfare of the children,” Judge Lobat Sadrehashemi said in a Dec. 23 ruling that allowed the family to remain in Canada, at least temporarily.

Lawyers for Immigration, Refugees and Citizenship Canada argued that the family came to court “without ‘clean hands'” because the adult applicants had misled immigration authorities about their Swedish citizenship for many years.

The family had asked that the Canada Border Services Agency “defer their deportation until the children have completed the school year,” but the agency refused on Dec. 18.

They came to Canada in 2016 and “filed refugee claims due to persecution in Eritrea,” said the decision, which granted them a reprieve.

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They did not disclose that they had Swedish citizenship and were granted refugee status.

“Later, (the immigration minister) learned that the applicants had Swedish citizenship and submitted an application to the Refugee Protection Department to revoke their refugee status,” says the decision, noting that the family lost both their refugee status in 2017 as well as lost their permanent resident status in Canada in 2022.

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The couple had a third child here, “who is affected by my decision because that child will leave Canada with his parents and siblings if residency is rejected,” Sadrehashemi said. The judge did not specify the third child’s citizenship, although babies born in Canada are almost always automatically Canadian citizens at birth.

Sometime after losing their refugee status in Canada, the family applied for permanent residency “on humanitarian and compassionate grounds” as well as a pre-deportation risk assessment – ​​a final attempt to remain in Canada. “Both applications were rejected,” said Sadrehashemi.

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The family received their travel documents on November 8th and 12 days later asked the CBSA to report for removal on December 28th.

The family had been working with CBSA to obtain travel documents for Sweden, but “there is a dispute between the parties over the extent of the applicants’ cooperation in their deportation,” the judge said.

She used her discretion and provided the relief the family wanted.

“There is no evidence that any wrongdoing occurred in connection with the CBSA’s efforts to remove the family that is the subject of this stay motion.” Additionally, the serious issue and irreparable harm addressed in this motion , on the short-term well-being of the children who had no part in the misconduct referred to by the minister. In these circumstances, I believe it makes sense to grant the application and suspend the deportation of the applicants from Canada.”

The family’s reprieve could be short-lived.

Sadrehashemi’s stay will last until the family receives a final decision on their separate application for judicial review of the “decision to reject the stay of their deportation”.

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