Here is a story that exemplifies how insane our refugee determination system really is. I am still trying to decide if the Board members who heard this case are naive, dumb, or simply incompetent:
Immigration laws give gang member a shot at staying in Canada, B.C. lawyer says
17 minutes ago
VANCOUVER — An El Salvador man's bid to seek refuge in Canada from the violent gang he once belonged to is among the scenarios covered under laws designed to protect people facing harm in their home countries, a Vancouver-based immigration lawyer says.
The case of Jose Francisco Cardoza Quinteros, who arrived in Canada in September 2007 and told border officers he had killed four people in El Salvador, has raised questions about why someone with an admitted criminal past would be allowed to apply for protected status.
But immigration lawyer Doug Cannon says while Cardoza Quinteros doesn't appear to meet the UN definition of a refugee, there is a section of Canadian law that offers protection to people facing unreasonable harm abroad.
"What we're really talking about here are broader requirements to protect people who are at risk of life, cruel and unusual punishment or treatment, or torture," Cannon said in an interview Thursday.
"The refugee division considers cases like this because it is part of protecting human beings from unfair treatment, wherever they may face it in the world."
Cardoza Quinteros later retracted his statements about his gang activities - which varied greatly during his original interview with border officers - and an immigration board member recently said she doubted he had ever killed anyone.
Cardoza Quinteros claimed he was fleeing his former gang, the Mara Salvatrucha, which wants him dead because it believes he was an accomplice in the deaths of gang members during a 2004 prison riot.
His refugee claim was denied in February because of his ties to a criminal organization and he was ordered deported, but he'll still be able to argue during the pre-removal risk assessment process that he will face danger if returned to El Salvador.
Cannon said Cardoza Quinteros isn't fleeing the justice system.
"What he's really afraid of is a situation where he feels he has done no wrong yet his life is at risk and the authorities cannot protect him," Cannon said.
"And that's the key issue in his case - can the authorities protect him from the harm that he fears?"
Cardoza Quinteros's lawyer in Vancouver declined to comment about the case.
In the meantime, the federal government will ask the Federal Court on Friday to overturn an immigration board decision to release Cardoza Quinteros while the case moves through the immigration system.
Federal lawyers will argue Cardoza Quinteros poses a danger to the public, but earlier this week an immigration board member ruled that Cardoza Quinteros is not a significant risk and that conditions placed on him were adequate.
In ordering him released, refugee board member Daphne Shaw Dyck noted Cardoza Quinteros had been living free in Surrey for seven months without incident and has expressed a desire to turn his life around.
It's not clear how often claimants have used their criminal past to justify claims for protected status, as federal immigration officials don't compile such statistics.
A similar example occurred last year, when a teenage gang member from Nashville facing extradition on charges of murder asked for refugee protection in Edmonton.
Nasser Muhsin, 17, argued he might be hurt or killed by rival gangs if he was sent back to the United States.
Muhsin was initially released by the refugee board in Edmonton, but in January a Canadian judge ordered him extradited.
The Cardoza Quinteros case in Surrey has prompted fierce criticism from local politicians in British Columbia who say such admitted criminals should never be released into the public, much less be allowed to apply for protection in Canada.
"I think the vast majority of Canadians will have absolutely no sympathy with that claim (that Cardoza Quinteros deserves protection from his former gang)," said Liberal public safety critic Ujjal Dosanjh.
"Fleeing political, religions, ethnic persecution and the like really bears no resemblance to running away from a criminal gang. Canada's refugee system should not provide you with a shield against your past or current sins."
Dosanjh said he supports Ottawa's fight to keep Cardoza Quinteros detained, but he said legislation should be changed to prevent such refugee claims from moving forward.
A spokesman for Public Safety Minister Stockwell Day, who first applied to have Cardoza Quinteros held in custody, declined to comment on the case but said Ottawa wants to ensure anyone trying to enter Canada who poses a danger to the public is removed.
"Our government is committed to detaining and removing foreign nationals who may pose a threat to national security or engaged in serious criminality," John Brent wrote in an e-mail.
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