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| Subject: CBSA deporting children |
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Boy sent here on one-way ticket
December 18, 2009
RAVEENA AULAKH
STAFF REPORTER
The case of a 14-year-old Jamaican entering Canada two years ago on a one-way ticket has prompted a federal court judge to urge the government to review its immigration procedures.
"Clearly measures need to be taken to avoid similar situations in the future," said Robert Mainville in a ruling last week. "There is no question of encouraging in any fashion or manner whatsoever the act of sending and abandoning foreign children in Canada."
Mainville also temporarily stayed deportation proceedings after the Toronto Children´s Aid Society stepped in, saying the boy´s safety would be at risk if he were sent back to St. Lucia.
The Ministry of Public Safety wanted him deported so he could be united with his family.
The teenager, now 16, cannot be named because he is in the care of Children´s Aid. He arrived in Canada in August 2007 on a one-way ticket.
According to court documents, the youth was placed on a plane to Canada "for the purpose of having him illegally immigrate to Canada."
He started living with his older brother, who was already living illegally in Toronto. The older brother was eventually deported to Jamaica. The 16-year-old was placed in the temporary care of the Children´s Aid Society.
In documents submitted in court, caseworkers with Children´s Aid said they were in contact with the teen´s mother and siblings in St. Lucia and believe the teen is at risk of joining youth gangs if he returns there.
Earlier, Children´s Aid asked for a pre-removal risk assessment based on the contention that he would be targeted to join gangs. Immigration authorities found none and ordered him deported on Dec. 12.
Children´s Aid asked for a deferral of the deportation order and it was refused. The agency then asked for a judicial review of the decision.
In his decision, Mainville said the children´s agency is ill suited to assess the family situation in St. Lucia, but the situation involving an abandoned child is "also beyond the expertise of a removal officer ... In such circumstance, in light of the fact that a minor child is involved, I prefer to act cautiously. "
Children´s Aid will be back in court on Jan. 29 to request the boy become a Crown ward.
Meanwhile, the teenager is in foster care and doing well, said Rob Thompson, communications director for the Children´s Aid Society. He´s been in foster care since spring 2008.
It is probably not the first time a child has been sent unaccompanied to Canada illegally, said Thompson. "I´m sure it´s happened before but I´ve been in this position for two years and I haven´t heard of anything like it."
Robert Palmer of WestJet said the airline allows children 12 and above to travel on their own. But they have to show proof of identification and different embassies have their own rules for additional requirements, such as notarized letters.
It is not known how the teen got into Canada.
SOMETHING IS WRONG FROM BOTH SIDES!
Roy
www.cvimmigration.com
[18-12-2009,08:52]
[**.55.219.57]
Roy |
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(in reply to: CBSA deporting children)
When a minor arrives by him/her self in Canada in most cases (99%)is refered to secondary the reason is to verify that he/she is a visitor, international student, or visiting under a exchange program, church activities etc it is not unsual for a minor to travel to Canada.
When he first landed, he needed a visa to board the aircraft back in his homeland number one, if he had one, the airline is off the hook, how did cleared the first inspection and secondary with a visitors visa and a one way ticket with a brother who has been living illegaly in Canada is beyond me.
Anyhow, he got in...
His chances on getting a crown ward are very slim. They are going to try to get him in as a sponsored refugee. It will take more than two years to finalize his application and by then he will be an adult. His refugee claim may be refused and he will be removed from Canada.
His family has resources that were good enough for CIC abroad to issue a visa and now he is risk of joining local gangs? He is not part of them yet ( I hope he never will) but the thing is that his life is not in danger at this point!!!! If he was involved in a human trafficking or slavery would be a completely different story here.
You know that an H&C application in process will not prevent a removal.
The court system, all what is reviewing is that all the regulations were applied according to the "book".
How many Mexicans citizens applied as refugees because they were "black listed" by drug lords and HOW many applications were actually successful?
Remember the %?
[18-12-2009,14:39]
[***.115.153.178]
DocD |
(in reply to: CBSA deporting children)
Hello CBSA also known as DocD.
Why would a 14 year old be sent to secondary when he knows the purpose for coming to Canada and all the contact details?
DocD why are you not alive, alert and sensitive to the Best Interest of the Child. Did you ever read Hawthorne? Do you know the IP5 H&C Manual is totally revised and clarified. Hawthorne is recommended reading.
THIS IS AN ABANDONED CHILD!
A CHILD!
Where is your heart?
What do you know about Crown Wards?
He has already been ordered removed how on earth will Children´s Aid Society get him in as a Refugee?
He can´t file a refugee claim after being ordered!!!!
His family abandoned him! (FACT) Maybe for the best thing because that was the very last bit of money they had. Maybe because they did not care at all for him.
Less then 1% win a PRRA.
I am a betting man and I bet the CBSA Officer who probably did not inform his supervisor to the potential for adverse publicity in this case is probably no longer working for CBSA!
Read Mavis Baker! G. Lor---- comments " I recommend refusal but you may wish to check this one with someone at region due to the potential for adverse publicity". He and his supervisor are no longer working there, they left real short after that Federal Court decision.
THE COURT RULED THAT AN ABANDONED CHILD ""also beyond the expertise of a removal officer" YET THE CBSA OFFICER BEING HUMAN SHOULD OF SHOWN MORE COMPASSION.
Those are the rules. It also displays that CAS should not be submitting PRRA applications.
Roy
www.cvimmigration.com
[19-12-2009,07:29]
[**.55.219.57]
Roy |
(in reply to: CBSA deporting children)
"Why would a 14 year old be sent to secondary when he knows the purpose for coming to Canada and all the contact details?"
Because he only had a one way ticket and officers in primary CANNOT refuse entry, it has to be done in secondary and for being a minor those "contacts" have to be verified.
Cut the crap with "If I am heartless?" or if I am alive.
Roy, this is not about personal feelings, I am going by the book. If I had a nickel for every time someone calls me names, I would be a millionaire.
And as usual, I can live with that.
I understand your point of view, but you are missing the point here. He entered Canada legally!, he was not abandoned when he borded the aircraft or when he was living with his brother, he was abandoned when CBSA/CIC found out that his brother had a irregular status and he was facing deportation.
What´s the story with his brother? Was he abandoned as well? Heck no, he overstayed his authorized permit and there was a warrant issued against him to get him removed from Canada for some other things.
Is this situtation beyond the removal officer? Probably it is, but the removal officer is doing his/her job and as "heartless" and "disgusting" you think CBSA´s job is, it is the agency that guard the door of your home country.
If you cannot stand behind CBSA, feel free to stand in front of them.
[21-12-2009,11:07]
[***.115.153.178]
DocD |
(in reply to: CBSA deporting children)
If children are exempt from Immigration laws, parents will first send their kids and then follow them! I says deport them all... children or not.
[21-12-2009,18:23]
[***.202.38.241]
Expert |
(in reply to: CBSA deporting children)
You guys need to stop putting people´s name publicly on website.
[15-11-2013,20:31]
[**.52.180.67]
Dwight Gray |
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