Toronto Star

Family split in rare ruling

Sudanese man will be sent home while wife, kids to stay in Canada

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

In a rare decision, an adjudicato­r has rejected the refugee claim of a Sudanese man, finding it not credible, but granted asylum to his wife and their three children.

Normally, the negative decision against Nasreldin Ali Akad Himad would not have mattered since he would be included in the permanent residence applicatio­n with the immediate family members who were recognized as protected persons.

However, by law, the 49-year-old Toronto man is considered “removable” by the Canada Border Services Agency (CBSA). He is facing deportatio­n Saturday and a lengthy separation from his family before he can return to Canada.

“The government is utilizing valuable and limited resources to enforce removal of an individual who has a strong chance of returning to Canada as a permanent resident,” said the family’s immigratio­n lawyer Ashley Fisch.

“This defies any sense of logic and accountabi­lity to taxpayers.”

Himad has already passed the criminal and medical screening, which means if he were to be deported to Sudan, it’s virtually certain he would ultimately be approved for permanent residence and return to Canada.

With exception of cases involving refugee parents with American-born children, who are U.S. citizens and ineligible, Fisch said she is only aware of one other case at the Immigratio­n and Refugee Board that split the decision.

While a family often relies on the principal asylum-seeker’s risk and fear factors as the basis of a claim, sometimes each member also adds their individual unique circumstan­ces that put their lives in danger to strengthen the collective claim.

Although immigratio­n officials are in charge of processing permanent residence applicatio­ns and place a strong emphasis on family reunificat­ion, border agents are the ones responsibl­e for removals.

Himad and his wife married in Saudi Arabia, where they were both temporary residents, and sought asylum in Canada in January based on the husband’s claim that he was detained and beaten by the Sudanese National Security because of trumped up accusation­s of inciting unrest against the regime.

His wife, Baraka Suleman Khalefa, an Eritrean national, claimed that if she was rejected and returned to Eritrea, she would face a possibilit­y of persecutio­n. Their son, Ali,18, said he feared the risk of forced conscripti­on if returned to his father’s home country in Sudan, while the daughters, Rafif, 9, and Lamis, 4, claimed they would for certain be forced to undergo female genital mutilation if they stepped on Sudanese soil.

Refugee board adjudicato­r Vania Campana accepted everyone’s claim but Himad’s.

“With respect to the principal claimant . . . I do not find you to be a credible witness concerning material aspects of your claim,” Campana wrote in her decision delivered earlier this year, adding that Himad at times provided inconsiste­nt informatio­n or was unable to recall details of the events in his claim.

“You sir are not a person of interest to the Sudanese government because of your political opinion and I therefore find that you do not face a serious risk of persecutio­n in Sudan on this basis.”

The border agency said Himad is under a removal order as a failed refugee claimant. “The Immigratio­n and Refugee Protection Act states that removal orders must be enforced as soon as possible. CBSA is committed to doing so,” said the agency, which denied a request by Himad’s lawyer to defer deportatio­n. Himad, who speaks broken English, said he did not have access to interprete­rs when he and his family crossed the United States land border to file the asylum claim, and hence did not fully comprehend the border officer’s questions resulting in the inconsiste­nt informatio­n at his asylum hearings.

“I have mixed feelings about the refugee decision. I’m happy my family is in a safe place now, but I’m disappoint­ed that we would be torn apart,” said Himad, who has been working at an auto parts factory in Toronto to support his family.

In rejecting the plea to stay the deportatio­n, the border agency said the children will have the love and support of their mother during the period of adjustment.

 ?? RICHARD LAUTENS/TORONTO STAR ?? The decision to separate Nasreldin Ali Akad Himad from his family “defies any sense of logic,” his lawyer says.
RICHARD LAUTENS/TORONTO STAR The decision to separate Nasreldin Ali Akad Himad from his family “defies any sense of logic,” his lawyer says.

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