Family deported from Canada may get second chance

We recently blogged about a petition that was started to bring a family back to Canada after they were deported from Canada.

The Benhmuda family was deported to Libya after their refugee claim was denied in 2008. Two of the family’s younger sons were born in Canada, and the petition was started by one of the boys’ kindergarten teachers. 

They claimed refugee status in Canada because the family’s father’s brother was involved with anti-Gaddafi rebels, and the father was interrogated, beaten and jailed over his brother’s whereabouts.

Now, according to the CBC, immigration authorities have been given a Federal Court order to review the family’s case. It was ruled that the Canadian officials at the embassy in Rome, where the application was processed, were biased and had even placed false information in the family’s file. The case is to be sent to another visa office for review within the next 90 days.

In the initial assessment of the case, visa officers said that the family was a drain on Canada’s social and health services and would be dependent on Canada’s social assistance. However, the Federal Court ruled that this was false and the father had a job and supported his family while in Canada. The initial review also didn’t consider humanitarian aspects of the case, such as the children’s ties to Canada.

The family is currently living in a refugee camp in Malta.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: deportation from canada Humanitarian and Compassionate Applications Refugee Claims

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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