Man’s deportation halted

A Sudanese man on track to become a permanent resident with his family has been granted a last-minute reprieve from his scheduled deportation.

Nasreldin Ali Akad Himad, 49, was to be deported Saturday morning. But Federal Court Justice Douglas Campbell ordered a review of the Canada Border Service Agency denial to defer his deportation, while his permanent resident application with his wife and three children was under way.

The family crossed into Canada in January from Saudi Arabia via the United States in January. Although they were all on the same claim, a refugee judge granted asylum to all except the father because she found him not credible.

Himad’s lawyer said the man is almost certain he will receive his per- manent status with the rest of his family given he has already had security and medical clearance.

But the border agency insisted on deporting him, tearing the family apart while the application is in process.

“The judge found that removing Mr. Himad would constitute irreparable harm to both Mr. Himad and his family,” said his lawyer Ashley Fisch, after an emergency request to court to suspend her client’s removal.

“It’s unfortunate and disappointing that we had to take it all the way to the court because there were opportunities for the Government of Canada to have intervened beforehand. Nevertheless justice prevailed.”

The judge felt there were serious legal issues raised by the border officer’s decision to refuse the deferral request and the court will hear about that in due course, Fisch said.