Sixty-seven Guyanese gained refugee status in Canada for 05/06
-1300 awaiting deportation By Miranda La Rose
Stabroek News
November 26, 2006

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Out of 386 Guyanese who applied for refugee status in Canada in 2005/6 67 were approved and around 1,300 persons of Guyanese origin are currently "subject to being removed" from the country.

The majority of the 1,300 would have overstayed their visas or arrived in the country illegally, newly accredited Canadian High Commissioner to Guyana, Charles Court said.

In an interview, Court told Stabroek News in his Kingston Office on Tuesday that 95% or 96% of the Guyanese subject to deportation from Canada have overstayed their visas or arrived illegally. "They haven't been involved in criminal activities per se. A very small number who have had criminal convictions were Guyanese citizens who under international law have a right to be returned to their country of origin and who have nowhere to stay in Canada," he said.

He contends that the deportee problem with Guyana was not a major one at this time. He did not say how and when the 1300 persons would be removed.

He could not disclose the reasons listed in the applications for refugee status since the legal proceedings are confidential. Only the applicants themselves would be able to disclose their reasons for seeking refugee status or for seeking political asylum.

He noted that for the fiscal year, 2005/2006 a total of 386 Guyanese applied for refugee status in Canada and to date 67 have been approved.

Court noted that Guyanese living legally and contributing to Canada's economy and general way of life amounted to hundreds of thousands.

According to Mamann and Associates Immigration lawyers, the majority of Guyanese seeking refugee status in Canada, do so because of the criminalisation of the Guyanese society and the fear that they are victims of criminal gangs with political associations as well as for a number of political reasons including assassination, reprisals, victimisation and discrimination.

Two recent cases include that of a Guyanese family of four who said that their lives were threatened by supporters of the ruling PPP/C government. The husband and father of the four-member family was removed from his home by group of men claiming to be security officers and beaten in the 'backdam' of his Essequibo Coast home area. Persons also threatened to burn his home down and his two daughters received kidnap threats. He was a political activist of ROAR in the 2001 general and regional elections. He and his family went to Canada in 2004 on a visitor's visa.

Prior to this, Mamann and Asociates also reported on its website that a Canadian federal court also upheld refugee status for a Guyanese couple who witnessed a gang shooting and the killing of other family members.

Guyanese applying for refugee status in Canada is not new. In the 1980s during the Forbes Burnham administration many applied for recognition as political refugees and while some were considered genuine by the Immigration and Refugee Appeals Board, a high percentage was seen as economic refugees and their applications rejected. Those still awaiting a hearing before the appeal board are allowed to remain in Canada until the determination of their application.

Canada in 2005 accepted 35,768 refugees and other protected persons. In 2005, almost 7,000 people were granted permanent resident status on humanitarian and compassionate grounds.

According to the United Nations Convention relating to the status of refugees Chapter One defines someone as becoming a refugee "As a result of events occurring before I January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."

In the case of a person who has more than one nationality, the term "the country of his nationality" shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.