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    Richter verzögert Abschiebung einer eritreischen Familie, die die kanadischen Einwanderungsbehörden getäuscht hat


    Richter verzögert Abschiebung einer eritreischen Familie, die die kanadischen Einwanderungsbehörden getäuscht hat

    https://nationalpost.com/news/canada/canada-immigration-ruling-eritrean-family

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    4 Comments

    1. Excellent_Formal_601 on

      This is not a good luck for the judge. I believe it was Lobat Sadrehashemi presiding over this case. I wonder what she was thinking here? Is she capable of upholding Canadian immigration law in the best interest of Canadians?

      She should lose her seat on the bench.

    2. shpydar on

      “I am satisfied based on the particular circumstances of this case, taking into account the evidence provided by the eldest child, who will be graduating from middle school this year, and the evidence about the school year calendar in Sweden, that irreparable harm has been established because of the short-term best interests of the children,”

      I am okay with this decision. They will be deported, but at least the kids schooling won’t be fucked up because of it.

    3. NorthernNadia on

      I know folks would love to use this as an example where our immigration system is “based on honour and being abused” but I actually think this is an example of the system working properly.

      Folks came to Canada, withheld information through their refugee application process, eventually that information was discovered (as I believe is customary for swapping this information with countries like Sweden), their permanent residence status was revoked and they were ordered the leave the country, they asked for exceptional measures (H&C grounds), they were denied, they were given an exit date.

      While they are asking for another five months, I don’t think that is a huge problem. Let the kids (who did nothing wrong) finish school with their classmates, complete their learning, and come July 1 they will be on a plane back home to Sweden. The system worked.

      Sure folks could say *’but they should be gone now!’* but now or July 1 doesn’t make much a difference for the rule of law, the state, but it would for this child in school.

      I suspect NaPo covered this story as an example of how “open to abuse” our system is, but having read the article, having read the ruling on [CanLii](https://www.canlii.org/en/ca/fct/doc/2024/2024canlii126597/2024canlii126597.html) it looks like everything worked well.

    4. green_tory on

      > “I am satisfied based on the particular circumstances of this case, taking into account the evidence provided by the eldest child, who will be graduating from middle school this year, and the evidence about the school year calendar in Sweden, that irreparable harm has been established because of the short-term best interests of the children,” Justice Lobat Sadrehashemi said in a Dec. 23 decision allowing the family to stay in Canada, at least temporarily.

      The lesson here is that you can lie on your immigration papers if you make sure you enroll your kids in school. That will give you access to court delays, [which are already backlogging our courts](https://www.cbc.ca/news/politics/federal-courts-immigration-filings-1.7402924).

      I wonder if there’s an angle where [the Jordan ruling](https://www.cbc.ca/news/canada/british-columbia/canada-jordan-ruling-justice-system-delays-1.7378300) could cause much-delayed immigration cases to be thrown out, allowing the accused to remain in Canada.

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