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Judge
rules against deportation order: New evidence of West Bank violence
By
Alex Dobrota
The Gazette
20 December 2004
Osama
Saleh has been given another chance to avoid deportation to a strife-torn
area of the
Middle East
.
The
Federal Court of Canada ruled on Friday that Immigration Canada should
reconsider the decision to deport the Palestinian refugee to the
Israeli-occupied area of Tulkarem in the
West Bank
.
The
court's ruling was based on new evidence of widespread violence in the
region.
"I
feel good, but I still feel uncertain," said Saleh, 36, who came to
Canada
through the
United States
in 2001, leaving three children behind. "I hope I
will be allowed to stay here."
In
February, an immigration official concluded Saleh ran no risk of
persecution if deported and Saleh received his order to leave in April.
But
during the Federal Court hearing, his lawyer,
Stewart
Istvanffy, presented new evidence showing that Saleh
would suffer violence and persecution not only in the
West Bank
, but also in the
U.S.
, where he was to be first deported.
"The
latest relevant and significant evidence must be considered prior to the
removal of the person from
Canada
," Justice Yvon Pinard wrote in his decision.
The
leader of a group that speaks for Palestinian refugees remained skeptical.
"The
immigration officials tend to completely sidestep ... the evidence
presented," said
Rabie Masri
, head of the Coalition against the Deportation of
Palestinian Refugees from
Canada
.
The
security barrier erected around the city of
Tulkarem
by
Israel
has effectively cut Saleh's village from the
surrounding towns and villages, Masri said.
"This
was not taken into account in the first decision of Immigration
Canada," he said. Saleh, for his part, said he worries about the
safety of his children.
"I
want to see my kids safe. I saw a lot of my friends' kids fight and kill.
I don't want to see my kids with a stone."
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