Canada delays deportation for longtime resident who arrived as a child

27-Year-Old Spared Deportation, But Questions Remain

In a recent development, Canada has decided to defer the deportation of Kemo Montique, a 27-year-old who arrived in the country as a child but faced rejection for permanent residency despite the acceptance of the rest of his family. Montique expressed relief, saying, “I feel like things are pointing in the right direction.” In 2007, at 11, Montique moved to the Greater Toronto Area from Jamaica when his parents brought him and his siblings on a visitor’s visa to reunite with loved ones already residing in Canada. Unfortunately, their visa expired when Montique was a teenager, and he remained unaware of his family’s precarious immigration status.

Rejection Despite Family Approval: In a surprising turn of events, Montique received notification from Immigration, Refugees and Citizenship Canada (IRCC) on August 2 that his application for permanent residency under humanitarian and compassionate grounds had been rejected. This decision ordered Montique to leave Canada, even though his family had their application for remaining in Canada approved under the same humanitarian and compassionate grounds.

A Puzzling Rejection: Daniel Kingwell, Montique’s lawyer, expressed confusion over the initial rejection of the application and requested the reasons behind it from IRCC. However, no explanations have been provided so far. On Tuesday, IRCC agreed to reopen Montique’s application, leading to the deferment of his deportation for at least a month while the application is re-examined. Additionally, the Canada Border Services Agency canceled Montique’s scheduled end-of-September removal.

A Turning Point: 
Kingwell hailed the deferral of deportation as a “big turning point” in the case. He commended the decision to reopen the application and halt the deportation process. However, questions about the initial rejection leave Montique and his legal team uncertain.

Remaining Concerns: While Montique remains optimistic, he still feels that he’s not entirely out of the woods. He expressed disappointment in the lack of an apparent reason for the initial rejection and felt that his application was treated lightly.

Broader Concerns: Montique’s case has raised concerns about consistency in immigration decisions, particularly when a single family member faces rejection while others are approved. The Montique family had submitted their permanent residency applications together, while Kemo Montique applied separately due to advice from an immigration consultant. The IRCC has not commented on specific cases due to privacy legislation.

While the deferral offers a glimmer of hope, Montique and his legal team eagerly await the final decision on his permanent residency application, which will determine his future in Canada.

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