Do not Deny David Due Process! Process Spousal Sponsorship! Let the Family stay Together!
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- Published on Sunday, 29 November -0001 16:00
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Do not Deny David Due Process! Process Spousal Sponsorship! Let the Family stay Together!
Canadian Citizen started this petition to Justin Trudeau, and it now has 10,695 signatures
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David Kipkoech Keter is a valued member of the Kenyan community in Canada, seeking refugee protection in Canada, and has called Canada home since 2016. He is currently living in Nova Scotia and is soon to face removal, pending some documents he has to provide to Canada Border Services Agency (C.B.S.A), to initiate the removal, and as per a notification on April 11th 2023.
Keter came to Canada in 2016 escaping from situations that could have resulted in his persecution including death. His initial refugee claim was rejected, as well as his humanitarian and compassionate claim, and Pre-Removal Risk Assessment (PRRA) applications. Keter’s P.R.R.A. was rejected on the grounds that not much evidence is available to show Kenya is unsafe on the grounds of his claim. I want to acknowledge that the complexity of his claims, beats the generalized checklist that would fit the C.B.S.A criterion, requiring an individualized consideration of his unique circumstances at multiple intersections. There is no one size fits all in the criticality of cultural diversities, and the risks embodied in one going against them, a situation that has resulted in the deaths of those in Keter’s circumstances.
On April 11th, 2023, Keter received a letter from C.B.S.A asking him to put in an emergency travel application to the Kenyan embassy in Ottawa in order to obtain a Kenyan passport so that his removal can be initiated. Keter is married to a Canadian wife. He is also a father of two Canadian children, one of which requires special care and collaborative support from both her parents. The probable removal not only affects Keter alone but also puts at risk the well-being of the entire Keter family, mentally, socially, and economically, a destabilization that goes against Canada’s standpoint as pertains to a family union. Keter is traumatized and stressed about the entire situation as it unfolds. As a hard-working, law-abiding, and tax-paying individual, with no criminal record on file, and who diligently worked as a frontline worker at the climax of Covid 19 pandemic in the food industry, and in the health care sector, risking his life to serve Canadians, Canada would only be fare to grant him the freedom to continue serving Canadians.
In August 2022, Keter’s wife who is a Canadian citizen put an application to sponsor her husband to become a permanent resident. Important to note is that the average processing time for spousal sponsorships is approximately 12 months. Keter’s wife applied for the spousal sponsorship application in August 2022, meaning that Keter’s spousal application is still within the processing period, despite the 60 days document submission timeline he has been asked to comply, and the kick-off of a removal order clearly stated in the notification letter notification.https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html In the recent past, there have been several instances where African refugee claims are denied due process, even when there is a spousal application in wait of decision, see the link by CBC news in July 2022, where a refugee claimant waiting for a spousal sponsorship application was facing deportation, despite a spousal sponsorship application that had been put; https://www.cbc.ca/news/canada/toronto/deported-19-years-canada-permanent-residence-1.6521076
Young Black children have also in the recent past been subjected to psychological traumas when one of their parents face removal or deportation orders. See the case in the link attached. Canadian children’s mental health at risk by federal approach to deportation, says child psychiatrist group
Canada thrives on global recognition as a safe ‘haven for all’, a welcoming country for immigrants and refugee claimants, valuing diversity, inclusion, and multiculturalism. Canada also thrives on family reunification, which continues to be a priority for the Canadian government, where family unification is noted to play an integral role in attracting, retaining, and integrating immigrants who contribute to Canadian success as a country, raising the question of why Keter’s claim is being rejected, yet his wife and children are Canadian and living in Canada, and has no criminal record on his file. Isn’t his family a family enough? https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/who-you-can-sponsor.html
In the spirit of family reunification that Canada upholds, Canada recognizes that an individual can sponsor certain relatives to come to Canada if they are at least 18 years old and are:
- Canadian citizen or
- a person registered in Canada as an Indian under the Canadian Indian Act or
- permanent resident of Canada. https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship.html
Keter’s wife is a Canadian citizen and has submitted an application to sponsor her husband. Keter has less than 60 days to avail the documentations he has been asked by C.B.S.A for his removal to be initiated. He has also been notified that he risks enforcement action and a possible Canada-wide warrant of arrest for non compliance. While due diligence by all means matter, the intimidation of a Canada wide arrest adds a new layer of intimidation and anxiety, not only to Keter, but also to his wife and children. This raises the question of what crime he has committed. Keter is a law-abiding individual with no criminal record on file, raising a question on what his crime will be constructed as. Or is his crime the seeking protection from possible persecution?
U.N.H.C.R 1951 Convention and the 1967 Protocol which Canada is a member, provide that all refugee claimants should be allowed due process, and should not be subjected to any form of victimization, or disciplining due to illegal entry or stay to a country that is registered under U.N.H.C.R refugee convention as qualifying to accept refugee claimants, which Canada is one of them. While U.N.H.C.R notes that refugee claimants should not be charged with immigration or criminal offenses, or detained purely based on seeking asylum, Keter has already been issued a threat of Canada-wide search arrest even before there is any possible indicator of non compliance. Article 1F of the 1951 Refugee Convention, justifies the disqualification of a refugee seeking protection from the benefits of refugee status “by reason of serious transgressions committed, in principle, prior to seeking asylum” (Article IF of the 1951 Convention), namely; situations where a refugee claimant;
- has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
- has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
- has been guilty of acts contrary to the purposes and principles of the United Nations.
None of the above disqualification criteria applies to Keter. See https://www.unhcr.org/excom/standcom/3ae68cf68/note-exclusion-clauses.html
The U.N.H.C.R Convention principle of nonrefoulment also cautions against refugee claimants ‘removal against their will’ or forced to return to the country they run away from, due to perceived or real fear of harm, persecution, or infringement of freedom in whatever form (U.N.H.C.R, 2018a).
Salman’s (2023) study “Deporting Refugees: Hidden Injustice in Canada” reveals that Canada’s deportation process perpetuates unfairness, racism, and human rights violations, with a notable and greater emphasis by C.I.B.C officials, on the number and speed of deportations, rather than on procedural fairness and respect for human rights, but rather, ensuring timely ‘removal’ for claimants with deportation orders, to leave Canada promptly (Salman, 2023).
At multiple identity markers that Keter embodies as a Black man of African origin, with unique grounds for his claim of protection in Canada, his risk level for immigration purposes at multiple intersections are heightened at multiple intersections of race, gender, class, and place of origin, notions that make him an easy target for unwarranted victimization, including the construction of high risk for unjustified reasons, and therefore the threat of Canada wide arrest order.
Keter’s current situation is not a unique case. In the recent past, there have been several situations where African refugee claimants have been denied due process, and removal and deportation orders issued, including being apprehended impromptu at C.B.S.A reporting offices when they go for regular reporting as required by C.B.S.A, and secretly deported.
Last week, Keter submitted the documentation that C.B.S.A requested of him to initiate the removal from Canada. The thought of the removal traverses many complexities including, making his two Canadian children fatherless, dismantle his family unit, and then what?
Failing to pay particular attention to the pending spousal sponsorship that his wife applied for, which is still within the valid period, is denying him due process. The principle of nonrefoulment speaks to this. He is also complying despite the threat of Canada wide arrest issued to him for the crime of ’seeking protection in Canada’.
With all due respect, I am humbly initiating this petition as a voice of many African community member, hurting because this keeps happening to African community members disproportionately. I am also a Canadian citizen, collectively working with other African Canadians and allies, requesting the Canadian Immigration Minister Sean Fraser, Prime Minister Justin Trudeau, Immigration Refugee and Citizenship Canada (I.R.C.C), and the Canada Border Services Agency (C.B.S.A) officials to allow Keter’s wife application for spousal sponsorship due process, more so because the spousal sponsorship was put in August 2022, implying that it is still within the legitimate application validity period. Most importantly, grant Keter permanent residence to allow him to stay with his family that is already here in Canada, and is Canadian, and allow him to continue being a responsible father he is to his two Canadian children, a dependable spouse to his wife, and also grant him the freedom to continue impacting the Canadian social and economic sphere in the areas he has been involved in and beyond.
May the humanity that knows no historical and socially constructed identity markers and discriminations, that privileges some communities and dehumanizes others, prevail!
May those involved in determining the suitability of who qualifies to be an authentic refugee claimant reconsider Keter’s circumstances and grant him permanent resident, most importantly take a moment and critically analyze the damage that some of their decisions are having on families already embodying multiple marginalities such as Keter, at the intersection of race, gender, and place of origin. Canada can do better.
All the support accorded is highly appreciated.
To all well wishers, please do not forget to support Keter’s GoFundMe fundraiser to enable him to continue retaining an immigration lawyer. All the funds donated goes directly to Keter. Thanks in advance. See the link herein. Keter is Also Raising Funds Via This Link to Continue Retaining an Immigration Lawyer
Thanks in advance.
Sincerely
Well Wishing Canadian Citizen.
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