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The future of Park Extension's Sheikh family, who arrived here as refugees in 2000, rests in the hands of a federal court judge who is expected to decide within the coming weeks if four members of the family can be reconsidered for permanent residency status in Canada, on humanitarian and compassionate grounds.
The family was divided last summer when parents Sabir and Seema were deported to the USA – the country they entered Canada through. Their eldest daughter Ashra, 26, and son Sami, 21 – both working students – had their deportations postponed.
Ashra and Sami have remained in the family's Bloomfield residence, continuing to work, study, undergo a lengthy deportation appeals process for themselves and their parents, and care for their five year old Canadian-born sister, Sabrina, a student at École Camille-Laurin.
The four family members were ordered deported for a lie on their refugee claim. The tip to immigration authorities, says Ashra, came from her abusive ex-husband. In 2003, when he would not accept that she wanted to go to school and develop herself professionally, Ashra says, the threats began.
“'You are doing all this because you think you're Canadian,'” Ashra recalls her husband saying. When she wanted a divorce, Ashra said she was told, “'I'm going to make sure you don't stay in Canada, and when you come back (to Pakistan), I'm going to show you how a Pakistani woman lives.'”
As Ashra worked on divorce proceedings, her husband, she said, began reporting to various Canadian authorities that the family had lived in Dubai for twenty years before arriving in Canada, not three, as was written on their refugee claim.
The family left Karachi, Pakistan nearly three decades ago, and lived in Dubai, where Sabir worked as a banker. When Sabir lost his job, there were no options to stay, says Ashra. And Pakistan was unsafe to return to, she says, because of her extended family's ties to the Pakistan Peoples Party and ongoing conflicts with a rival political party, the Muttahida Qaumi Movement – including the torture and murder of her cousin in Karachi in 1999, and death threats made to her brother Sami during a visit there just a year prior.
“This was the reality,” says Ashra. “My father had no choice left but to take this step to come to Canada.”
She says the threat of political violence still exists for the family in Pakistan, but added to that are threats from her ex-husband who is now in Pakistan – threats Ashra says she is certain he will carry out, and has heard through his friends that he has said he “wants to teach her a lesson.”
Sabir and Seema are in New York City, trying to make a refugee claim there, unable to work without having American identification papers, and living off of savings, says Ashra.
On April 22, the federal court judge, Justice Yvon Pinard, heard the appeal for the four members of the Sheikh family, who were represented by lawyer Stewart Istvanffy. The judge's decision is expected in the coming weeks.
If he grants the appeal, the family will have their cases heard by a new immigration board panel, and could then be granted permanent residency in Canada, on humanitarian grounds.
If the appeal is not granted, Sami and Ashra will be deported to the US, bringing their young Canadian sister with them, and hope they can stay there rather than be forced to return to Pakistan.
The Sheikh children are all tri-lingual, both Sami and Ashra are employed, and in post-secondary education programs. Sabir was a manager at Marché BK, and a volunteer at the CLSC du Parc-Extension, and Seema volunteered in community programs in Park Extension, including at Sabrina's school. Another adult daughter, Tayyaba, 23, lives in Toronto with her young family.
“We've always tried to do everything on our own,” says Ashra of her family, emphasizing their self-reliance and hard work. She said she has been conscious of the stereotype of refugees who are considered too reliant on the system. “We don't want to go through that pattern.”
“And we've tried to do everything according to the law,” she adds. “If we wanted to use the system, me and my brother would have married Canadian citizens,” she said.
Family separation has been difficult, but she is most concerned about her young sister, says Ashra. “She's becoming more and more agitated.”
“It shows on her face that she is missing her parents,” says Nargish Yeasmin, the parent and community liaison at École Camille-Laurin. “Last year, Sabrina was in her first year. She was happy. We used to see her every morning with her mom.”
“Before she used to be more open, and she isn't concentrating as much as she did before,” Yeasmin added. “All kids need their parents.”
“Based on what the Sheikhs are claiming,” says councillor Mary Deros, “The minister of immigration should seriously look at and try to keep the family together and bring back the parents so they can live a fruitful life, bringing up their children as Canadian.”
“And if the courts are able to clarify that yes, his family back home is in danger,” says Deros, “Then they should make the decision so the family should be here. Let them live in peace in Montreal.”