Tuesday, January 4, 2011


This strange situation appears to be finally over as reported below. Note the court's comments as reported. In practical terms, it would be extremely difficult, if not impossible for the pending application to be successful. I am wondering who has been footing the legal bills for all this, and I would not be surprised to learn the teenager and his sister were granted Legal Aid. I was surprised to see that the media latched on to this story, which is rather unremarkable in its facts, as there are so many more compelling circumstances in other cases, for example those involving serious medical conditions, family separations, etc. Perhaps someone thought that public protests by high school students on Boxing Day outside a mall was a good legal tactic.

Canada strives to be a country that rewards those who obey the immigration law and process and play by the rules, as hundreds of potential Mexican immigrants and otters do daily, and not those who try to subvert the rule of law and to gain an advantage not granted to them by due process. That is like saying " I play by the rules as long as they benefit me, but if I lose, I will claim that the rules were unfair"....an old story. Potential immigrants and refugees need to understand that due process of law is imperfect and does not necessarily mean that everyone wins all the time, but it is the only way to play. At some point, there has to be finality. The key is to get good legal advice on a timely basis, to obey the rules, to present the case fully and thoroughly, and not to have unrealistic expectations.

Officials Deport Mexican Teen

Officials Deport Mexican Teen
Jessica Hume, National Post · Monday, Jan. 3, 2011

An 18-year-old Mexican national who had been living and attending school in Toronto's Parkdale neighbourhood was forced to leave Canada on Saturday after an attempt to stay his deportation order was rejected by a Federal Court Judge. Daniel Garcia left Mexico three years ago with his older sister, Brenda, after experiencing persecution and violence because of Brenda's sexuality. The two applied for refugee status but were rejected. Brenda was deported last week. Mr. Garcia was taken into custody by the Canada Border Services Agency on Dec. 23. The court's decision cited Mr. Garcia's "complete disregard" for Canadian immigration laws, noting he failed to report a change of address in Oct. 2010 and neglected to appear at a court hearing late last year, which led to a warrant being issued for his arrest. Joel Sandaluk, Mr. Garcia's lawyer, said Mr. Garcia was "extremely concerned" for his safety and saddened that he will not be able to finish school in Canada. Prior to his deportation, Mr. Garcia applied for temporary residency. Mr. Sandaluk says that application is pending.

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