John arrived in Vancouver aboard the MV Sun Sea in 2010. He spent three months aboard the ship crowded with nearly 500 migrants.After spending six months in detention, he moved to Toronto, where he found steady contracting work and won the respect of his employer. “The thought about what is going to happen to me is what is killing me inside. I hope the Canadian authorities take a second look at what I’m going to be facing through means of this deportation order.”Under Canada’s new refugee law, John now has to wait a full year before he can appeal to the Canada Border Services Agency for a pre-removal risk assessment, or to the immigration department on humanitarian and compassionate grounds. One year is enough time for the government to deport him.“All of this is the result of the new law,” says John’s lawyer, Hadayt Nazami. “I haven’t been able to sleep well ever since I heard about this deportation business,” he says. At the Toronto construction site where he worked until recently, the migrant (who we’ll call John), described how he’s been affected by Canada’s plan to deport him. John doesn’t blame Canada for the decision, but he thinks the refugee board was ill-informed about the reality in Sri Lanka. “They don’t realize what I am going to be going through when I land in Sri Lanka,” he said through a translator. “If the new law hadn’t been implemented this would not have happened. And John’s case is only one of many that are in this particular situation. In countries like Sri Lanka, the political situation is volatile. Canada has recognized this, Canada has criticized Sri Lanka for its human rights record.”Nazami says that new evidence has come to light through human rights groups, the United Nations and even other countries like Britain and Australia, indicating that despite the Sri Lankan government’s claim the war is over, torture and extra-judicial killings continue.But those facts cannot be heard because John’s avenues for appeal are now blocked.Nazami had only one legal option left — to seek a stay of his deportation at the Federal Court, so he did that last fall. But just before the hearing, the government withdrew its deportation order.“We knew who the judge was, in this instance and she had previously stopped similar deportations. That’s when they cancelled the removal,” he says.The government then issued a second deportation order, and Nazami again went to court to seek a stay. The government again cancelled the deportation with no explanation.Nazami says he suspects the government is waiting for a judge who is likely to reject the stay of removal.“Whatever I say would be speculating, but the way it happens to be — cancelling after discovering the identity of the judge — appears to us to be judge-shopping.”The lawyer says the board granted refugee status to other Sun Sea passengers with cases nearly identical to John’s.The government has now issued a third deportation order for Feb. 13 and once again, John intends to appeal to the Federal Court.John’s employer, David Tinmouth, is upset by the way the case has been handled.“I’m not sure why such energy is being spent by us to send this man back to Sri Lanka,” Tinmouth says. “I have been working day in day out with him for a long time now and he just strikes me as somebody who wants to live an ordinary life, send his kids to school, have a peaceful life.”Still, Tinmouth says he’s hopeful that cooler heads will prevail either at the border services agency or at the Federal Court. But he thinks Canada is going to get a black eye internationally for its removal of some checks and balances from the system.“That is what human rights should be about, is the government going out of its way for ordinary people,” he says. (CBC) The case of a Tamil migrant whose refugee claim was denied reveals a key problem with Canada’s new refugee law, his lawyer says.The migrant, who can’t be named for fear of reprisals against his young family in Sri Lanka, is now blocked from two key avenues of appeal. But last year, the Immigration and Refugee Board denied his claim.The judge who heard his case agreed with the facts John presented: that he was tortured repeatedly by the Sri Lankan military before he escaped to Thailand, and that he was never a member of or associated with the Liberation Tigers of Tamil Eelam, which Canada views as a terrorist group.But the judge disagreed with John’s belief that if he goes home, he will be tortured once again, and his family could be the target of abuse or kidnapping.
The family, who are from Croydon in south London, were holidaying in the Newquay area when the incident happened.Detective Constable Jarrod Yewen, who is investigating the incident, said: “This is a tragic case for all those involved and our thoughts remain with the family at what is a deeply traumatic time for them.”The deaths are not being investigated as suspicious, therefore the police will now prepare a file for HM Coroner and an inquest will be held in due course.”A fundraising page, set up to support the family, has seen more than £30,000 donated. A two-year-old girl who was swept into the sea during an incident in which her father was killed has died in hospital, police said.Mckayla Bruynius died at Bristol Children’s Hospital on Tuesday night, having been caught by a large wave at Fistral beach in Newquay, Cornwall, last Friday.Her father, Rudy Bruynius, also died in the incident, during a weekend in which a total of six people were killed in tragedies around the coast.The little girl’s mother, Lisinda, paid tribute to her daughter and husband in a statement released by Devon and Cornwall Police. “Rudy was a loving, caring and supportive husband, father and friend,” she said.”He had a great sense of humour and was an active person. He always put other people first. Mckayla was a busy bee and always happy.”I am in disbelief at what has happened. I am so shocked at how quickly the sea condition changed on that day whilst we were enjoying a family time together in Cornwall.”I pray that others can learn from our tragedy as I do not wish for anybody to go through our grief.”I would like to thank the RNLI, the staff at Royal Cornwall Hospital, the staff from Bristol Royal Hospital for Children, the emergency services and all the members of public for their generous support and prayers they have given towards my family.”I would especially like to thank the people of Cornwall for their messages of love and offers of help.”I will never forget the close community spirit displayed towards us. Please respect our privacy at this really difficult time and allow my sons and I to try to come to terms with what has happened.” I pray that others can learn from our tragedy as I do not wish for anybody to go through our griefLisinda Bruynius Rudy and Bruynius Bruynius with their childrenCredit:Apex The family of five were on rocks at Fistral beach at around 5.20pm last Friday when Mr and Mrs Bruynius and Mckayla were washed into the sea by a large wave.The RNLI lifeboat, Coastguard helicopter, beach lifeguards, police, air ambulance and ambulance crews attended the scene.Mr and Mrs Bruynius were rescued from the water by RNLI lifeguards.They carried out CPR on Mr Bruynius before he was taken by air ambulance to the Royal Cornwall Hospital in Truro. The gardener, who was originally from South Africa, died later that evening.Mckayla was recovered from the sea by an RNLI lifeboat before being flown to Derriford Hospital in Plymouth and later transferred to Bristol Children’s Hospital.Mr and Mrs Bruynius’s two sons managed to stay on the rocks and were located by the Coastguard. They suffered minor injuries before being taken by ambulance to hospital. Want the best of The Telegraph direct to your email and WhatsApp? Sign up to our free twice-daily Front Page newsletter and new audio briefings.