In order to make it easier to place the chronology of events within the context of the immigration process we have been considering to May 6th 1997, the day that my wife and I were allowed to enter Canada for further examination of our refugee claim. The allegations presented by the Minister of Public Safety are based on the argument that I am inadmissible into Canada simply due to my past membership with FMLN.
In the Audio- Version of the reasons for deportation order by IRB you will find out, and I quote: "From Mr. Figueroa's point of view, his personal actions, in my view were fine. There was nothing wrong with trying to promote people joining a political group that would provide a good change in government. That is what democracy is about…." in other words, I have been found inadmissible not for my personal actions but because the adjudicator had conclude that FMLN is categorized by the Canadian judicial as an organization that fits their definition of terrorism. Therefore the defense of the rights of the family in this case have to necessarily consider the reasons why FMLN cannot be categorized as a terrorist organization. During the decade of the 80' I made the moral decision to give my political support to FMLN. My personal point of view the proceedings have not produced evidence or arguments to modify my moral decision more than 20 years ago.
We were open with the immigration officers since the moment we showed up at the Canadian Border, immigration officials knew about my link with FMLN. Nevertheless, we were allowed into Canada and were issued a document that states that our we were found eligible to present our refugee claim before the Immigration Board. Meaning that in the view of the immigration officer (s) assessing the claim membership to FMLN was not an issue in 1997.
At the time when we were given a resolution on our refugee claim, there is not reference to FMLN as a terrorist organization, which means that in May 2000, again membership to FMLN was not an issue.
In 2004, an H&C application was approved in principle. This application was based on section 25 of the IRPA, and if you refer to the immigration manuals you will find that the decision-maker have to consider all the aspect including inadmissibility. Which means that in July 2004 (when we were given the positive H&C again membership to FMLN was not an issue.
We started noticing that something might be wrong with the processing of our application in July 6th 2009 when a CBSA officer had call for an interview and during this interview he focus on asking specifically about my relationship with FMLN. And on December 2009 we received a notice to appeared to a pre-hearing.
The logical questions that need to be answered would be:
If membership with FMLN was a factor for inadmissibility, why weren't these presented or discussed on the early stages of the process? Why after more than 13 years?
If this is an issue…. Is Canada going to issue a massive deportation of members of FMLN who are living in Canada? Is the Canadian immigration going to deny visa to any member for FMLN?
Is the Salvadoran diplomatic representation inadmissible into Canada?
We will continue on this next time.
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