Judge delays deportation of man who's lived in Montreal 32 years

by No One Is Illegal Montreal

FOR IMMEDIATE RELEASE

Judge delays deportation of man who's lived in Montreal 32 years

MONTREAL, February 1--The federal court issued a decision today to stay, or delay, the deportation of Victor Morales, a father of three Canadian children, and main caregiver for his terminally ill Canadian mother, who has lived in Montreal since 1978.

In Morales's federal court hearing on January 31, Sylvie Brochu, a lawyer for Citizenship and Immigration Canada, had argued that the Montrealer's deportation to Chile should not be delayed, because of what she called the Chilean-born man's "great criminality."

However, judge Yves de Montigny disputed this claim, saying in his ruling that Morales was not "someone who had committed serious criminal infractions."

Judge de Montigny also ruled that the CIC had not sufficiently taking Morales's children's interests into account when they rejected his application for permanent residence on humanitarian and compassionate grounds. De Montigny highlighted in particular the "serious" concerns Morales's lawyer raised about "the fact that the [immigration] agent had not sufficiently taken into account the interests of the children of [Morales] and that she had rejected several letters of support without a valid reason just because they came from interested parties."

Morales's lawyer Stewart Istvanffy commented that "Canada is one of the only countries that would deport someone for having committed minor criminal offences despite the fact they have Canadian children"--which he says represents a "clear violation of international law."

Sarita Ahooja, an organizer with No One is Illegal-Montreal and Solidarity Across Borders, remarked that "this case shows the double punishment imposed on non-citizens, who get deported for crimes already purged, with no regard to the fact that the penal system has already made them pay for their acts."

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Here are some links to some of the many media stories generated by local solidarity work about this outrageous case:

CBC: http://www.cbc.ca/canada/montreal/story/2011/01/31/montreal-busker-deportation.html

Mtl Gazette: http://www.montrealgazette.com/news/Metro+musician+faces+deportation+over+crimes/4200331/story.html

Global (TV clip): http://www.globalmontreal.com/world/lived+Montreal+since+childhood+faces+deportation/4198849/story.html

Toronto Star: http://www.thestar.com/news/canada/article/931773--montreal-man-fights-deportation-after-32-years-in-canada

CP: http://www.570news.com/news/national/article/177080--chilean-born-montreal-busker-facing-deportation-despite-32-years-in-canada

La Presse: http://www.cyberpresse.ca/actualites/regional/montreal/201101/31/01-4365576-un-musicien-du-metro-risque-lexpulsion.php

Rad-Can: http://www.radio-canada.ca/regions/Montreal/2011/01/31/004-victor-morales-expulsion-chili.shtml

Metro: http://www.metronews.ca/calgary/canada/article/759187--musician-faces-deportation-after-32-years-in-canada