Saturday, October 10, 2009

Canada: Despite UN Ruling on Civil Rights, Son Deportable Because Sentenced for Federal Crime and Parents Never Became Citizens

Haitian man deported despite UN ruling
22-year-old Montrealer discovers he is not Canadian

"A Haitian-born man who was fighting deportation from Canada after serving a prison sentence for theft and assault was sent back to his native country this week.

This comes despite a UN ruling that said the expulsion would violate John Michael Dauphin's civil rights.
Dauphin, 22, was put on a private plane in Montreal and sent back to Haiti early on Monday, just hours before his immigration lawyer, Chantal Ianniciello, was scheduled to argue for his release from detention, a request she said was supported by a UN Human Rights Committee ruling in Dauphin's favour.

'Immigration could have deported him at any time before today,' Ianniciello told CBC News. 'They decided not to. They decided to wait for the [UN] decision and surprisingly, now that it is in his favour, they decided to remove him, without nobody knowing.'...

Dauphin was scheduled for deportation because of his criminal record. Under Canadian law, non-citizens can be returned to their home countries when they are sentenced to federal prison terms...

Dauphin was sentenced to 33 months in jail after he attacked and robbed a Quebec court appeals judge in Old Montreal in 2005.
That's when he discovered his parents never obtained Canadian citizenship on his behalf, despite having moved to Montreal when he was two years old. Dauphin's brothers and sisters were all born in Canada and are citizens."
http://www.cbc.ca/canada/montreal/story/2009/10/06/montreal-haitian-deportation.html

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