News like this started popping up more frequently in 2009:
“Mexico: nine mutilated corpses found”
“Mexican police found 14 bodies in grave”
That year, violence increased in Mexico due to the actions of drug cartels, and there was an increase in murders in different parts of the country.
Clashes between factions opposing control of drug trafficking became more frequent with decapitated corpses publicly displayed on the catwalks.
The civilian population, especially those with incomes that could be of interest to cartels, began to be affected. This caused many Mexicans to start fleeing to protect themselves.
And in this context, the Pérez family (fictional surname) feared for their future and decided to run away.
But how did this family end up in a Protestant church in Canada for months? The BBC tells this story.
Travel
In 2009, when they felt that the situation in Mexico had become too dangerous, Pérez, like many other Mexicans, decided to emigrate.
First they came to the USA and from there they tried to cross the land border to Canada. What they didn’t know at the time was that there was a supposedly secure third country agreement since 2005.
The law says that, with some exceptions, someone who has passed through the US cannot apply for asylum after arriving in Canada. This is what Canadian officials told Pérez, who was later repatriated to the United States.
They eventually returned to Mexico and had to deal with the local situation. They opened a food business near an education campus and, like the others, began to perceive violence as part of the landscape.
Nine years later, until the situation became untenable. Cartels began forcing civilians to cooperate in their illegal activities. Those who did not accept were killed.
And that’s what happened with Pérez. “They forced them to sell drugs in the family business and received strong threats when they refused,” explains Stewart Istvanffy, the lawyer who now represents the family to BBC News Mundo (BBC Spanish service) in 2018.
The family never agreed to be complicit or pay tribute. And the bullies got real. One night, the cartel burned down their business.
Pérez knew they had to escape. An acquaintance recommended they go to a city in Quebec, a French-speaking province of Canada. They soon planned the trip and this time flew directly to Canada.
second attempt
Upon arrival at the airport, they received a six-month temporary residence permit, which they were entitled to as Mexican citizens.
A few weeks later, when they were settled, they contacted a recommended lawyer and, on his advice, made a formal application for asylum.
Then there was a surprise: Pérez didn’t know that when they returned to the US in 2009, their asylum application was rejected, which under Canadian law prevented them from making a new application.
“They were entitled to something called a Pre-Return Risk Assessment (ERAR),” Istvanffy explains.
They submitted documents for this assessment, but did not include the most important evidence and avoided talking about the cartel that threatened them. They feared retaliation against their relatives who remained in Mexico.
Canada granted a temporary work permit while examining the case.
For almost three years, the family managed to lead a normal life. They have a job, a house, a school, learned the language and paid their taxes.
During this time, another family member staying in Mexico tried to take over the business.
More than a year had passed since the fire, but the threats and intimidation resumed when the cartel learned that business was going on.
Because they still refuse to pay criminals, “they [um casal e uma criança] locked in the bathroom of the house, tied up”.
“They spilled gasoline everywhere and set the house on fire. They tried to burn them alive,” Istvanffy says.
They did not die because one of the people managed to break free and free the others. Istvanffy says the house was on fire and they were “stricken with PTSD and anxiety.”
Today, this part of the family is also in Canada and is hoping to seek asylum.
Decision
The consideration of the case coincided with the arrival of the pandemic and everything was postponed. The Pérezs received an official response to their asylum application at the end of 2021.
For Canadian officials, the family’s documents did not show they were at risk in Mexico, so they sent an extradition order.
“The Canadian government argues that they don’t have to go back to a particular place, but the truth is, the cartels are very powerful and they exist all over Mexico. Unfortunately there is a narcostat there,” Istvanffy says.
“It’s very sad. We are at great risk if we return to Mexico, a great risk that we are killed, that we are killed,” one of the family members told the CBC network.
This is one of the criticisms that Canadian society has leveled at the government: Why is the government telling this family that they are not at risk in Mexico, while at the same time advising Canadian citizens not to travel to the country due to insecurity?
Church as a Last Option
Amid the agony of having to go back and face the cartel that attacked them, the family decided to take shelter in a church and claim a “sanctuary”, an age-old tradition not written in the legal code. Before Canada was established as a country, it was based on canon law when the church was able to protect those who took refuge there,” explains Istvanffy.
As the Canada Border Services Agency reported to the CBC: “While there are no legal restrictions on entering a place of worship to execute an arrest warrant, the agency prefers to engage with individuals subject to immigration practice and the agency providing the refuge for the purpose of ensuring voluntary compliance.”
Pérez was welcomed by a Protestant church.
“We don’t want to go against our country’s immigration laws, but instead want to take advantage of the old and canonical practice of offering asylum to people who are threatened or persecuted. We want to give the family the time they need to stay in this country legally and legally. If they return to their place of origin,” the congregation said in a statement. Protect them from a real threat to their life and safety.”
There is a commission from the local community that accompanies them and ensures that they do not have the necessary deficiencies, including psychosocial support. The commission put them in touch with human rights lawyer Stewart Istvanffy, who has taken over the case since November 2021.
Istvanffy says the Pérez’s had enough evidence to show the danger they were in in their country, but there were flaws in their case: “There was one problem, and that’s when the family didn’t present all the evidence in the ERAR process.
The lawyer who previously advised them had not attached all the documents, and now they hope that this evidence will be considered and the family heard when the situation becomes more critical. So far, they have never been able to testify to the authorities.
“We hope the Canadian Department of Immigration will grant them temporary status followed by permanent residency. This is based on the support they have received from the Canadian community,” the lawyer says.
The family receives messages of solidarity in Quebec. For example, a family solidarity march was held with the participation of more than 200 people. They also received support from some local politicians. The mayor of the city where Pérez is located told Canadian media he was impressed by the story.
The federal deputy representing the city in the parliament met with the family and regretted the dramatic situation they were in. He also told the CBC he was in contact with the Minister of Immigration, though he could not comment on the details of the case.
background
Canada is known for accepting refugees from various parts of the world.
Although it receives refugees from Europe, Africa and Asia, its proximity to Latin America makes it a suitable destination for this population. For example, after Ecuador and Spain, Canada is the third country to accept the most Colombians as refugees during Colombia’s internal conflict.
There are also significant numbers of Chileans fleeing the Pinochet military regime, as well as Salvadorans, Guatemalans, and Venezuelans.
But the biggest challenge is Mexico.
“The problem is that there is very strong discrimination against Mexicans, because for the Canadian system Mexico represents a significant challenge: they can enter visa-free, members of the free trade agreement with the USA and Canada. They are ours. They are the closest neighbors in Latin America,” explains Istvanffy. . “Ten, 12 years ago, more than a quarter of Canadian asylum seekers were Mexican. So they created a barrier system to prevent Mexicans from entering Canada easily.”
Pérez has already filled the six months guarded at the church, and although they are safe, their daily life has not been easy in the midst of quarantine.
The fear they feel is so great that they do not want to give interviews because they are afraid of cartel attacks in Mexico.
“They will probably die in Mexico. They have nowhere to go. One of the most dangerous cartels has threatened them. A very violent group, death awaits them,” Istvanffy says.
source: Noticias
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