Halifax family could be deported to country they’ve never visited
Federal Court of Canada hears unusual refugee case
By Richard Cuthbertson, CBC News Posted: Sep 10, 2014 5:28 PM AT Last Updated: Sep 10, 2014 5:28 PM AT
A family living in Halifax is fighting to stay in Canada as refugees. They say they fear they will be deported to Iran, a country they’ve never visited. (CBC)
A family living in Halifax is facing deportation after their refugee claim was rejected earlier this year — but in an unusual twist, they could be sent to a country they’ve never even visited.
Abbas Gholami, his wife Fatemeh Naserian Mochadam, and their five children arrived in Canada a couple of years ago. All family members were born and lived in Kuwait. However, due to family ties they are citizens of Iran.
They say they left Kuwait after years of threatening phone calls from two of Mochadam’s cousins, according to documents filed in the Federal Court of Canada. Mochadam is of Arab descent and says her 1995 marriage to her husband, who is Persian, was viewed as shameful by some relatives who threatened to kill them.
But in February, an Immigration and Refugee Board of Canada tribunal rejected the family’s refugee claim. The Gholamis now face removal from Canada — not to Kuwait, but to Iran, where none of them have lived or visited.
The family is fighting the tribunal’s decision. At a Federal Court hearing in Halifax on Wednesday, the Gholamis’ lawyer argued the family could face persecution if they are sent to Iran.
Scott McGirr says the family identifies as Arab and can’t even speak Farsi, the language of Iran. Arabs, he argues, are discriminated against in Iran.
“Arabs in Iran run a very real risk of persecution,” McGirr told the court.
A federal government lawyer acknowledged this is a “bit of an unusual case,” but argued Wednesday the court should uphold the tribunal’s finding that the Gholamis aren’t refugees.
Government lawyer Patricia MacPhee questioned the veracity of claims by the Gholamis that they faced years of harassment from Mochadam’s cousins. She says the tribunal did not believe the threatening phone calls would have lasted nearly two decades.
She notes that while the family may consider itself Arab, they are also Shia Muslims, the dominant religion in Iran. There is no evidence, MacPhee says, the family would face persecution.