A Federal Court judge has granted a new judicial review in Jos茅 Figueroa鈥檚 bid to stay in Canada on humanitarian and compassionate grounds.
On Thursday, Judge Richard Mosley wrote that the decision by an Immigration case worker to deport the 91原创 father of three was 鈥渘ot reasonable in the sense required by the jurisprudence, ie. that the decision is intelligible, transparent and justified.鈥�
鈥淭his is great news,鈥� said Figueroa. 鈥淭his is the best scenario. We are getting closer, but we have to keep on going and encourage people to write to the ministers to make the decision as fast as possible.鈥�
Since being ordered deported to his native El Salvador, Figueroa has been forced to claim sanctuary inside his church in Walnut Grove.
He has lived there for the past eight months.
In that time, Canadian Border Service Agency officers check on him nearly every day to make sure he hasn鈥檛 stepped outside the church, Figueroa said. The CBSA continues these efforts, even after Figueroa was granted temporary relief by the courts on his deportation order, while his applications go through the courts.
In Mosley鈥檚 decision he writes, 鈥渢he humanitarian and compassionate grounds are exceptionally strong in this case.鈥�
鈥淎s evidenced by the support that the applicant and his family have received from the community.鈥�
Figueroa has lived in Canada with his wife for 16 years.
All three of their children were born at 91原创 Memorial Hospital.
Their oldest, Jos茅 Ivan, has autism but is doing well with strong support from his father and his support team.
Mosley said the Immigration case manager failed to look at Figueroa鈥檚 family situation realistically.
鈥淭he Delegate (who declared his deportation) found that this relationship (with his son Ivan) could be maintained long distance by way of Skype, suggesting that the separation would have no detrimental effect on Jos茅 Ivan鈥檚 development,鈥� wrote Mosley.
鈥淭hat is contrary to the evidence of a school resource teacher. . . the Delegate makes no reference to the evidence that stability is important in the development of an autistic child.
鈥淗er conclusion that the applicant鈥檚 wife will be able to remain in Canada and care for the children ignores the difficulties she will encounter as a single parent trying to both provide and care for them.
Mosley notes that none of the immigration officers who considered his case over the years found that Figueroa was a risk to Canada鈥檚 security.
He also notes that the case manager 鈥渦nreasonably referred to the FMLN as a terrorist organization.鈥�
He also points out that the FMLN has not been proscribed as a 鈥榯errorist entity鈥� on the list maintained by the Government of Canada.
While everyone appears to agree the FMLN is not a terrorist organization, nor is it considered a threat to Canadian security, Figueroa has applied to the courts to make that position official.
That court case was supposed to go ahead last week but was delayed. In that case, Figueroa is asking for an official document that says the FMLN, (the current democratically elected government of El Salvador) does not appear on any Canadian list of terrorist groups.
No new court date has been set.
