This article appeared today in the Globe and Mail. It is an illustration of the weaknesses of the immigration system that allows easy permanent residence status based on marriage. There is a pressing need for reform.
Marriage was genuine, Guinean immigrant tells panel
BILL CURRY
From Thursday's Globe and Mail
January 22, 2009 at 4:40 AM EST
OTTAWA — Federal officials delved into the murky he-said, she-said world of an alleged marriage fraud yesterday, as Ottawa challenged the immigration status of a Guinean man who left his Canadian wife less than a month after arriving on Canadian soil.
His wife, Lainie Towell, known in Ottawa as "Sufi Girl" for her African dance productions, attracted significant attention last year with her story. She spoke of falling in love with an African drummer in Guinea over several visits, leading to their decision to marry and move to Ottawa. She claims the love story came to an abrupt end when her husband simply disappeared weeks after she brought him to Canada as her spouse in December, 2007.
The Canada Border Services Agency is pursuing the case, alleging Ms. Towell's husband, Fode Mohamed Soumah, misrepresented himself to border officials when he came to Canada. For the first time yesterday, Mr. Soumah had his say before the Immigration and Refugee Board and told a very different story.
He said Ms. Towell wanted to control his work as an African drummer, as well as every other aspect of his life. He left her after a month, he said, because she drank heavily, was violent and banned him from talking to his friends.
"I was afraid of her. That's why I left," said Mr. Soumah, 29, speaking in his first language of Susu, which was translated into French at the hearing. He said he later offered to get back together but Ms. Towell declined.
The hearing represents the front lines of what the Conservative government vowed last year would be a crackdown on fraudulent marriages, also known as marriages of convenience. Immigration experts say that's easier said than done. Canadian officials overseas are asked to make a judgment call as to whether a couple's love is true. When a marriage falls apart, public servants in Canada are required to decide if the breakup is evidence of fraud - or not.
There are no statistics measuring the scope of the problem, but advocacy groups argue it is widespread, leaving Canadians feeling ashamed and possibly on the hook financially should a fleeing spouse go on social assistance.
Ms. Towell was not allowed in the hearing room yesterday and declined comment.
She will present her side of the story to the board on March 19.
The ultimate decision in the case will be made by board member Rolland Ladouceur. If he deems Mr. Soumah inadmissible, the deportation process - which could include appeals - will begin.
The Canada Border Services Agency is arguing before the tribunal that Mr. Soumah is inadmissible to Canada because the marriage was not genuine and he failed to mention that he has a child in Guinea.
Mr. Soumah maintains the child is not his.
Jennifer Hollister, who said she has been friends with Ms. Towell since 2002, testified on behalf of Mr. Soumah. She rejected the accusation of marriage fraud and said Mr. Soumah was genuinely afraid of Ms. Towell and unhappy with the home life he found in Canada.
"Every time she was there [in the house], it was constant conflict," Ms. Hollister said after her appearance.
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