Wednesday, December 4, 2013

SERGIO R. KARAS QUOTED IN TODAY'S NATIONAL POST STORY ON FIVE-TIME DEPORTEE

Jose Fernandes is so determined to live in Canada he’s tried (and failed) to enter illegally five times | National Post

December 3, 2013

Jose Fernandes is so determined to live in Canada he's tried (and failed) to enter illegally five times

By Stewart Bell

Now the Newfoundland and Labrador Provincial Court has handed him his harshest sentence yet: 18 months. After that, he will likely be deported once...


Jose Fernandes is so determined to live in Canada that he's tried five times to enter the country illegally. Each time he was caught and sent back to Portugal.
But he just keeps coming back.
The 52-year-old's latest attempt was three months ago when, carrying a fake passport that identified him as "James Swift," he arrived in St. John's Harbour aboard a cruise ship.
Now the Newfoundland and Labrador Provincial Court has handed him his harshest sentence yet: 18 months. After that, he will likely be deported once again.
While it's not uncommon for illegal migrants to make several attempts to cross the border, few are as determined as Mr. Fernandes, a Portuguese citizen.
His lawyer Robert E. Simmonds declined to comment Tuesday but Toronto immigration lawyer Sergio Karas said the case showed that penalties for such conduct were inadequate.
"The legislation needs to be amended to impose more meaningful punishment on those who attempt to re-enter using false documents," said Mr. Karas, a former chair of the Ontario Bar Association's immigration section.
Alexis Pavlich, press secretary to Citizenship and Immigration Minister Chris Alexander, said Canadians had "no tolerance for those who abuse our generosity and seek to take unfair advantage of our country." She said the government was introducing measures that would make it easier for legitimate travelers and "prevent those who pose a risk from entering Canada in the first place."
Mr. Fernandes was born in Portugal and came to Canada with his parents as a child. When his father expelled him from the house, he was sent to a training school at age 15.
While he was away, his parents and sisters became Canadian citizens, but he did not. Between 1977 and 1993 he was convicted of several criminal offences and was deported.
The first time he returned, he was sentenced to one day. He tried again the next year and received a three-month sentence. He came back once again and got a one-year sentence. Again, he returned, earning another one-year sentence.
On Sept. 8, 2013, he turned up in St. John's carrying a fake passport that he claimed he had bought for $25,000 from a former Canadian immigration officer - although an investigation could not confirm that.
Hoping to put a stop to Mr. Fernandes, prosecutors argued for three years imprisonment this time, but in his Nov. 15 ruling, the judge settled on 18 months, saying it was unlikely a longer sentence would deter him.
"He has family members in Canada including children and that is why he attempted to return," the judge explained. "He has stated he will attempt to return to Canada again although he maintains he will try not to do so again unlawfully."
Mr. Fernandes' lawyer, Robert E. Simmonds, declined to comment Tuesday.
National Post

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