02 January 2011
Gay And Lesbian Siblings Refused Refugee Status, Deported From Canada
Three years ago a 15 year old Daniel Garcia and his sister 30 year
old sister, Brenda arrived in Canada claiming refugee status. Today
both are back in Mexico after the Federal Court rejected an appeal by
Daniel claiming he would be in imminent danger if returned to his home
in Mexico City.
His school friends and teachers have rallied around the Grade 11
student who has been studying for several years at Parkdale Collegiate
Institute in Toronto.
“He has heard from others, from his family there, that people have said
that they’re going to finish the job, that they’re going to come out and
kill him and his sister,” Hillel Heinstein told the Canada’s CityTV.
The death treats emulating from Mexico City are nothing new to the siblings.
The Federal Court had heard that Brenda’s girlfriend had been murdered in Mexico City 5 years ago in a homophobic attack.
The three, Daniel, Brenda and her girlfriend were sleeping at a
friends house when was shots were fired, one hitting Brenda’s partner in
the neck. She died on the way to hospital.
It was an impressionable 13 year old Daniel who was deeply affected having witnessed the brutal murder.
Both brother and sister had both had endured years of persecution
including with the two were walking down the street having insults
hurled at them from before being physically attacked.
As the court announced that Daniel’s claim was rejected, lawyers
for the young man admited they were perplexed that during the hearing 4
of the 5 pieces of evidence supporting his claim where dismissed by the
Amid growing protests about the decision the young Daniel was
escorted to the airport last Friday, yet in an usual set of
circumstances his lawyers were not informed of what plan he would be
boarding while his itinerary blocked out.
It’s a different case for a number of Iranian refugees who have
been granted refugee status in Canada for fear of persecution in their
Yet for the young Daniel Garcia his experience of harassment and
death treats due to his sexuality were clearly not enough for the courts
to recognise him as a refugee.
If you have any comments on this article please email
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