A Guyanese man who claims he fled to Canada a decade ago to escape assaults on his family by persons affiliated with the PNC has been refused a judicial review of an order for his removal that was made a year ago.
George Kowlessar, 63, sought to defer his removal from Canada until determination of his outstanding humanitarian and compassionate (H&C) grounds application, which he waited 11 years to file. While Judge Michel Beaudry noted in his ruling that all of George Kowlessar’s relatives were living in Canada or the US, he pointed out that an H&C application on the ground of family separation does not constitute grounds for delaying his removal.
According to Judge Beaudry’s ruling, Kowlessar entered Canada as a visitor on July 17, 1997 and his visa was valid until July 31 the same year, but he did not depart from Canada as he was required to under the terms of his admission. He reportedly “fled to Canada” to escape “from assaults against his family and himself by thugs connected to the People’s National Congress (PNC) in Guyana. He believed his family was targeted because of their race, their economic status (they were relatively wealthy) and because of his vocal opposition to the PNC by way of editorials and letters to the editor of the various newspapers, the ruling noted. His wife had died of a stroke in 1995, which Kowlessar believed was caused by the savage assault she sustained at the hands of PNC supporters. He also suffers from a disability which he said is a result of a physical assault by the PNC, and he was diagnosed with diabetes.
During his time in Canada, Kowlessar became involved with the Salvation Army and he said it was his understanding that they were helping to resolve his immigration status. However, in 2003, he realised that he would have to take steps himself to regularise his immigration status. On March 13, 2003, six years after he arrived in Canada, a report under that country’s Section 44 of the Immigration and Refugee Protection Act regarding the applicant was signed for entering Canada with the intention of establishing permanent residency status without first applying for or obtaining the proper immigrant visa.
He applied for protection as a Convention refugee and a person in need of protection and that application was heard and refused by the Refugee Protection Board on June 21, 2004. However, the board did find the applicant to be a credible witness and recognised that there are “humanitarian and compassionate factors in his case which merit consideration.” Having been refused, Judge Beaudry said Kowlessar continued to live his life in Canada as both of his sons were living in that country, one sponsored by his wife and the other accepted as a refugee along with his wife and two children. His two other children live in the US and his only brother resides in Canada.
On April 18, 2008, Kowlessar attended a pre-removal interview and he was served with a Pre-Removal Risk Assessment (PRRA) application. It was also at that stage he filed the H&C application. On September 18, 2008, he was informed that his PRRA application was refused and was told to report for removal on October 31, 2008. But with the assistance of a new counsel he updated his H&C application and submitted sponsorship undertakings by his two sons and made a request for deferral of removal pending the processing of his application. The deferral application was refused but he was then granted a stay of removal until the final determination of his application for judicial review.
However, in his ruling Judge Beaudry noted that it takes approximately 30 months before an H&C application would begin to be processed. He said he was informed that Kowlessar’s removal does not contravene the processing of his application as it is in the queue and will be dealt with accordingly.
The removal officer had expressed sympathy for Kowlessar’s relations in Canada by recognising that such issues lie beyond his jurisdiction and such considerations may be better addressed in the H&C application.
Judge Beaudry noted that Kowlessar is a widower in poor health whose entire family is in Canada and the US; that he is very active in his church community; and has no remaining family in Guyana; and the evidence shows that conditions in Guyana can be difficult. But the Judge indicated that an H&C application on the ground of family separation does not constitute grounds for delaying a removal. “The court therefore concludes that the enforcement officer’s decision to refuse deferral of the applicant’s removal from Canada was reasonable.
It has to be noted that in the case at bar, the applicant waited until May 2008 (11 years) before making his H&C application. It cannot be said that it was filed in a (timely manner).” As such his application for judicial review of the removal order was dismissed.
