Detained family allowed back into Canada - Toronto Star

Mar 13, 2007 15:56

http://www.thestar.com/article/191154
Mar 13, 2007 04:30 AM
Nicholas Keung
IMMIGRATION/DIVERSITY REPORTER

Ottawa has agreed to allow a 9-year-old Toronto boy and his Iranian-born parents to stay in Canada at least temporarily, freeing them from a Texas immigration jail where they've been held for five weeks.

A temporary residence permit is being issued to the family, which in effect lifts the usual ban on deportees re-entering Canada.

But it's only the first step in a process that may spare Kevin Yourdkhani's father, Majid, and mother, Mosomeh Alibegi, from being sent back to Iran, where they say they face torture and persecution.

That's news that Kevin, a former student at General Brock Public School, had been dreaming of since Feb. 4, when U.S. authorities caught his family carrying fake passports during an unscheduled landing in Puerto Rico, while they were en route to Canada in a second attempt at getting asylum.

Kevin, clad in the regulation grey-green prisoner's jumper, had left for classes on-site at the T. Don Hutto Family Detention Center in Taylor, Texas, yesterday when he realized he'd left his photo ID behind.

When he went back to get it, he was greeted with joyful news: The family's Canadian lawyer, Andrew Brouwer, had just called to say that Immigration Minister Diane Finley had promised to issue a reprieve.

"I'm just so happy," Kevin told the Star in a telephone interview. "I just can't wait to be home and see my friends in Canada. I love Canada."

The boy has suffered sleeplessness and developed health problems while in detention.

Finley's spokesperson, Michael Fraser, confirmed the news, adding only that, "The circumstances of this case are unique and the minister has taken the decision in the best interest of the child."

It's not known when the family will be freed, but Canadian and American officials are working on details of the transfer to Canada and hope to fly the three to Toronto by the end of this week.

"The other families here are very happy for us. Some guards even came up to us, to congratulate us and give my wife a hug," said Majid, 42, an agricultural engineer.

"Kevin's been jumping up and down all day, running, running and running. We just want to thank the Toronto Star and all of our supporters in Canada and the U.S."

While he and his wife, 38, are barred by law from making a second refugee claim after being deported once before, they are entitled to file for a pre-removal risk assessment to determine whether their lives are at risk in Iran.

They can also apply to stay in Canada on humanitarian and compassionate grounds, Brouwer said.

Ralph Isenberg, a Dallas real estate developer whose Chinese-born wife has had her own struggles with immigration authorities, was so touched by Kevin's story he contacted Brouwer to offer help, including covering the family's airfare to Toronto.

"This is my apology to the Canadian people, to say sorry for the insensitivity of our government in taking a 9-year-old boy into custody in a maximum-security prison. Can you imagine what permanent damage it can cause to the child?" Isenberg said.

"Last I heard, Canada is one of our best allies, and this is how we treat our best friend from Canada? God only help you if you're the enemy of the U.S."

Last week, a 12-page independent assessment by two U.S. asylum review officers backed earlier Amnesty International report findings.

It concluded the family has a "credible fear of persecution" and that there's a "significant possibility" their refugee claim could be found credible in a full hearing.

Kevin's parents first sought refuge in Toronto in 1995. A decade later, after he was born, their refugee bid was denied. They were sent back in December 2005.

The couple claim they were detained and tortured immediately on their arrival in Tehran.

The Highlight: "This is my apology to the Canadian people, to say sorry for the insensitivity of our government in taking a 9-year-old boy into custody in a maximum-security prison. Can you imagine what permanent damage it can cause to the child?" Isenberg said.

Well, at least somebody is finally thinking the coloured children too.

torture, canada, iran, canadian government, immigration, toronto star, america

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