MEXICAN WOMAN FLEEING DOMESTIC VIOLENCE RECEIVES NATIONAL SUPPORT IN CAMPAIGN TO STOP DEPORTATION

WOMEN'S RIGHTS ORGANIZATIONS CALL FOR PROHIBITION ON IMMIGRATION ENFORCEMENT ENTERING WOMEN'S CENTRES

Friday, October 3, 2008 VANCOUVER - Women's centres and women's organizations are joining refugee rights group No One Is Illegal in Toronto and Vancouver in calling for the immediate cancellation of a deportation order against Ms. Isabel Garcia Rivas and her children. The family is currently residing in Toronto, having fled domestic violence from Ms. Rivas’ ex-husband in Mexico, but is under a deportation order.

In a letter to Minister Stockwell Day, Vancouver-based women's rights organizations including Women Against Violence Against Women, Philippine Women Centre of BC, Grassroots Women, Friends of Women in the Middle East - BC Chapter, Global Alliance Against Traffic in Women - Canada, and Vancouver Status of Women have written “We are specifically requesting that you suspend the removal order against the family until a decision on both their Humanitarian application and a decision on the Judicial Review of their Pre Removal Risk Assessment is made. We also ask you to look favourably upon their Humanitarian application and grant them permanent residency.”

These Vancouver-based groups join a growing campaign in Toronto in support of the Garcias including the YWCA of Canada, Amnesty International, National Association of Women and the Law, Elementary Teacher's Federation of Ontario, Ontario Association of Interval and Transition Houses, Ontario Coalition of Rape Crisis Centres, Toronto City Women's Alliance, Woman Abuse Council of Toronto, and others.

Ms. Garcia came to Canada with her children three years ago seeking protection from her violent ex-husband in Mexico. Despite finding that Ms. Rivas was indeed a survivor of violent abuse, the Immigration and Refugee board determined that she should receive adequate state protection in Mexico. However, the Federal Court of Canada has recently tossed aside at least six Immigration and Refugee Board decisions that found that Mexican women escaping domestic violence had adequate state protection in Mexico.

Ms. Garcia has now made the difficult decision to go into hiding rather than appear for her deportation and face further violence in Mexico. Her status as an undocumented woman has made her life even harder - constantly living under the fear of law enforcement and unable to access women's centres and the victim services support and counselling she needs because Immigration Enforcement has recently been targeting these spaces in Toronto.

In their letter, the organizations have further stated “We further demand immediate implementation of a policy prohibiting immigration enforcement from entering into and/or executing deportation orders in women's centres, sexual assault centers, shelters, and transition homes in order to ensure that women fleeing violence are able to access these critical services without fear of deportation.”

Full letter included below:

October 2, 2008

Stockwell Day
Minister of Public Safety and Emergency Preparedness, Ottawa, ON K1A 0A6
Phone: 613.995.1702, Fax: 613.995.1154

RE: Ms Isabel Garcia Rivas (Client ID No. 5584 3851)

Our organizations are writing you out of grave concern regarding the case of Ms. Isabel Garcia Rivas and her children. We have been informed by the group No One Is Illegal that Isabel Garcia is a single mother currently residing in Toronto who is fleeing domestic violence from her ex-husband in Mexico and is now under a deportation order from Canada.

Isabel came to Canada with her children 3 years ago seeking protection from her violent ex-husband in Mexico. Despite finding that Ms. Rivas was indeed a survivor of violent abuse, the Immigration and Refugee board determined that she should receive adequate state protection in Mexico and heartlessly denied Ms. Rivas’ claim for asylum

By issuing an abrupt and last minute deportation notice, Immigration Enforcement ensured that Isabel and her lawyer did not have time for a fair review at the Federal Court for a stay on her removal. This Federal Court judicial review would have been critical in her case in light of the fact that the Federal Court has recently tossed aside at least six Immigration and Refugee Board decisions that found that Mexican women escaping domestic violence had adequate state protection in Mexico.

According to a Toronto Star article entitled Reprieve For Abused Mexican Women, “The Federal Court berated the board for its blinkered insensitivity. ‘Mexican authorities do not adequately protect women against violence and abuse,’ the court said.”
(http://www.thestar.com/News/Canada/article/448804)

"Unbearably high levels of violence against women continue to exist in Mexico," a UN report quoted by the court said. "Police corruption continues to be a major problem and many police officers are involved in kidnapping and extortion.”

Isabel has made the difficult decision to go into hiding rather than appear for her deportation and face further violence in Mexico. This is not her fault, rather it is the fault of the failing Immigration and Refugee system that is allowing huge numbers of women fleeing violence to be further victimized.

Her status as an undocumented woman has made her life even harder - constantly living under the fear of law enforcement and unable to access women centres and the victim services support and counselling she needs because Immigration Enforcement has recently been targeting these spaces in Toronto.

In light of the above, we are specifically requesting that you use your Ministerial discretion under section 25 (1) of the Immigration and Refugee Protection Act and suspend the removal order against the family, until a decision on both their Humanitarian application and a decision on the Judicial Review of their Pre Removal Risk Assessment is made. We also ask you to look favourably upon their Humanitarian application and grant them permanent residency.

We further demand immediate implementation of a policy prohibiting immigration enforcement from entering into and/or executing deportation orders in women's centres, sexual assault centers, shelters, and transition homes in order to ensure that women fleeing violence are able to access these critical services without fear of deportation.

Sincerely, Women Against Violence Against Women, Philippine Women Centre of BC, Grassroots Women, Friends of Women in the Middle East - BC Chapter, Global Alliance Against Traffic in Women - Canada, Vancouver Status of Women