Deportation stayed for Edmonton woman facing removal from Canada over fake letter
The Federal Court of Canada has temporarily stayed the deportation of an Edmonton woman days before she was to be removed from Canada.
Kamarjeet Kaur was scheduled to be deported Monday at 6 a.m. On Saturday, Justice Alan Diner approved a motion to stay the removal order until a final decision is made for a leave and judicial review of a Canadian Border Services Agency officer's decision not to defer the removal.
Diner noted in his decision that the stay effectively grants the same relief sought in the judicial review application but said there were still open questions about whether the officer reasonably addressed potential risks of her return to India.
Kaur arrived from Punjab in northern India five years ago to study but, years later, authorities discovered her student visa application included a fraudulent admissions letter filed by an immigration agent.
While authorities acknowledged that Kaur didn't know the letter was fake, they say it was still her responsibility to confirm the admission.
Deportation puts life in danger, lawyer argues
On Friday, Kaur's lawyer, Stewart Istvanffy, argued Kaur should be able to remain in Canada until another application to stay on humanitarian grounds can be processed.
He said sending Kaur back to Punjab would put her life in severe danger by the immigration agent who has since been criminally charged.
"This person is still free and he's threatened to throw acid at her, he's threatened her family," Istvanffy said. "She will have acid thrown on her or be killed."
He said her brother in Punjab had been beaten badly last Sunday.
Istvannfy said Kaur was also at risk because of circulating photos showing she had attended a demonstration in support of the Khalistani separatist movement.
He challenged previous assessments made by authorities that Kaur would have state protection in India.
Istvannfy said there is a human rights crisis in Punjab and the pre-removal risk assessment has "nothing to do with reality."
Istvanffy also highlighted Kaur's track record in Canada, noting she had earned a diploma in business administration, her employer of four years is "extremely satisfied with her services" and she married last month.
"She is someone who would be an exemplary immigrant."
Not done in timely fashion, says Crown
Crown prosecutor Galina Bining argued Kaur did not make her application in a timely fashion. Bining said the fake letter was identified three years ago but Kaur only made her application four or five months ago.
She said the risk to Kaur's life was "fully reviewed" by the pre-removal risk assessment officer.
Bining said there was nothing new presented showing Kaur's life was at risk apart from the alleged danger she faced for her support of a separatist state.
"There's a complete lack of evidence," Bining said.
Bining also questioned why the concern had not been raised in her earlier applications.
She also questioned Kaur's credibility. She said Kaur previously said she came from a middle class family, which contradicted her previous lawyer's characterization of an uneducated family living in poverty.
"It seems at times the applicant is willing to say whatever suits her purpose," Bining said.
'Victims of fraud'
The arguments were heard on the same day federal Immigration Minister Sean Fraser said authorities were investigating recent reports of fraudulent acceptance letters.
He tweeted that the ministry's focus is "on identifying culprits, not penalizing victims.
"Victims of fraud will have an opportunity to demonstrate their situation and present evidence to support their case."
Fraser's press secretary declined further comment.
A spokesperson for the CBSA said the agency does not comment on specific cases but that all individuals subject to enforcement action and removal have access to due process before the law and that removal orders can be challenged through various means.
CBSA is investigating a number of active immigration cases of misrepresentation, they said, including those related to study permits.