An Eritrean family that misrepresented their immigration status to Canadian authorities has been granted a temporary stay of removal by the Federal Court, allowing their children to continue schooling in Canada. Despite their parents’ deception about holding Swedish citizenship, Justice Lobat Sadrehashemi ruled in favor of delaying their deportation on December 23, citing the best interests of the children.
Deceptive Claims and Refugee Status Revocation
Solomon Yohannes Goitom, Eden Rezene, and their two children arrived in Canada in 2016, claiming refugee status due to alleged persecution in Eritrea. However, they failed to disclose their Swedish citizenship, which had already provided them with safety and protection. In 2022, after the truth emerged, the family lost both their refugee and permanent resident statuses.
The Canadian government had scheduled the family’s removal to Sweden for December 28, 2024, but they appealed for a deferral, arguing that uprooting the children mid-school year would cause irreparable harm. Their request was initially denied by the Canada Border Services Agency (CBSA).
Court Decision Focuses on Children’s Welfare
Justice Sadrehashemi acknowledged the misconduct of the parents but emphasized the need to prioritize the children’s welfare, particularly the eldest child, who is close to completing middle school. “Irreparable harm has been established because of the short-term best interests of the children,” she stated.
The court’s stay will remain in effect until a decision is reached on the family’s application for judicial review regarding the denial of their deferral request.
Challenges to Cooperation and Legal Efforts
The CBSA had worked with the family to secure travel documents for Sweden, but there was disagreement over the family’s level of cooperation. Despite this, the judge concluded that the misconduct of the parents did not extend to the children, who “had no part in the misconduct raised by the Minister.”
In addition to their deferral request, the family had applied for permanent residence on humanitarian and compassionate grounds, as well as a pre-removal risk assessment. Both applications were denied.
Future Uncertainty
While the family’s removal has been temporarily halted, their reprieve may be short-lived. The court’s stay applies only until their judicial review is finalized. If their appeal fails, the family, including their third child born in Canada, will likely be deported to Sweden.
Justice Sadrehashemi’s ruling underscores the tension between addressing immigration fraud and safeguarding the rights and welfare of children affected by their parents’ actions. The case highlights the complexities of balancing legal accountability with compassionate considerations in Canada’s immigration system.