Toronto Star

Refugee mother can stay, for now

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

A failed refugee claimant from Colombia caught in a custody fight with her baby’s Canadian father has been granted a reprieve to remain in Canada — for now.

The scheduled removal of-19-yearold Jessica Aristizaba­l Calrasco this week has been postponed until a Milton family court judge settles her custody battle with Daniel Ricardo Velasquez, 21, over 12-weekold Jonathan.

“It’s good news, but it is not over. I can’t think of being separated from my baby,” said Aristizaba­l, who will try to persuade a judge Friday to deny her ex-boyfriend full custody of the Canadian-born child.

She, her mother, Claudia; sister Marcela; and aunt, Veronica Torres; arrived in Canada in 2008 via the United States. Her mother claimed a guerrilla group killed her brother, then kidnapped and raped her and her sister-in-law.

Their refugee claim was rejected in 2009. Immigratio­n officials subsequent­ly deemed the family safe to return to Colombia and denied their applicatio­n to stay on humanitari­an grounds. In December, the Federal Court denied their appeal.

A Jan. 6 date has been set in Milton family court to settle the custody dispute, which raises the issue of what is best for Jonathan. Both parents have asked for full custody.

Immigratio­n officials can still deport the mother even if the court awards shared custody, because immigratio­n is a federal jurisdicti­on.

 ?? NICHOLAS KEUNG/TORONTO STAR FILE PHOTO ?? Jessica Aristizaba­l Calrasco is fighting to keep custody of baby Jonathan, but is being forced back to Colombia.
NICHOLAS KEUNG/TORONTO STAR FILE PHOTO Jessica Aristizaba­l Calrasco is fighting to keep custody of baby Jonathan, but is being forced back to Colombia.

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