Afghan woman who fled Taliban and harassment faces deportation with her children in Canada for 8 years

After leaving an abusive marriage with her two children in the Netherlands, Frozan Hassan Zai thought she would finally be safe and fled the country for the second time.

She came to Canada, married a Canadian, had a child, started a business and helped others come to this country.

Eight years later and he is now living in Paris, Ontario, facing deportation by Immigration, Refugees and Citizenship Canada (IRCC).

“There is no place in this big world that we can call home,” Zai told CBC.

Zai’s husband twice tried to sponsor her and her children through the common-law marriage program, but was rejected both times because the IRCC deemed them to be in a consensual marriage – meaning they were married only with the intention of obtaining citizenship or permanent status.

Zai expects to receive a deportation order at the hearing scheduled for later today.

He first fled Afghanistan as a teenager

Zai’s story begins in a grocery store in Taliban-ruled Afghanistan, where she makes the political mistake of not wearing a burqa that covers her entire body and face.

“I only had a scarf,” she said. “They started beating me almost to death.

“And that day my mom said we had to go because you almost died today.”

Zai said he was 13 when he left Afghanistan. He, his parents, and his brother fled on foot with only a backpack to carry their belongings.

Finally coming to the Netherlands at the age of 16, Zai had to marry her cousin and soon became pregnant.

He named his firstborn child Shokran Hassan Zai. He said growth in the Netherlands was full of ups and downs, but mostly downs.

If we are sent back to the Netherlands or Afghanistan, my life and the lives of my children will be in grave danger.– Frozen Hasan Zai

“I grew up with just my mom, and she was a single mom. My dad wasn’t around much for most of my life,” Shokran told CBC.

Her mother said Şükran’s father was abusive to her and was in and out of prison for the next 14 years of their marriage.

“I went to the police, I went to the women’s shelter, but they can’t protect you forever, they can’t keep someone in prison forever,” she said.

“Leaving the Netherlands was the only option at that time.”

When they arrived in the country, Zai’s youngest, Sobhan, was two years old, while Shokran was 14 and still old enough to spend most of his time studying in high school in Canada.

“You have to start from scratch, right? New country, you don’t know the language very well. It was challenging at first,” he said.

Shokran said he did not go to university because he was told he would have to pay international fees.

“As far as I know, Canada is my home,” he said. “I tried to do my best to be here, to get a good job, to make good money.”

“My mother is a business owner, I have a full-time job, and my little sister is a citizen of this country. Why exactly do you see the need to deport me?” said the man, who is now a finance manager at a car dealership in Hamilton. he said. ?”

‘We started as two friends… turned into love’

Shokran’s mother met her future husband, Masood Meer, while working at an Afghan restaurant in Brampton.

She and her two children spent their first winter in Canada living in a basement apartment.

“I didn’t know if it was day or night because it was dark and cold in the basement,” he said.

Because of Meer’s Afghan background, he thought he might ask her if she knew anyone who rented to her. They shared phone numbers and apartment listings, and Meer eventually helped her arrange viewings. But when that was over, Zai said he kept looking.

“We started as two friends. He was very, very helpful. Then at some point it turned into love,” Zai said.

“Oh, he’s an amazing guy,” Shokran said. “I love him to death.”

Zai and Meer got married after living in Canada for just over a year. About a year later, they gave birth to Rose, who is now seven years old.

However, Zai said the IRCC did not believe there was any love there, declaring their relationship a marriage of convenience, meaning citizenship or permanent residence was the sole purpose of their union.

Each case considered under Canadian law: MP

Over several days, CBC reached out to the federal government and numerous lawmakers who might be involved in Zai’s case.

Immigration Minister Marc Miller’s office said they were unable to respond by publication time.

Frozan’s St. In Guelph, where he spends a lot of time working and volunteering at St. Andrew’s Church, MP Lloyd Longfield’s office said in an email that “each case is considered on its merits and reviewed in accordance with Canadian law.”

Brantford-Brant MPP Larry Brock, whose district includes Zai’s town of Paris, did not respond to requests for comment.

Lawyer explains reasons why IRCC decided on fake marriage

Waterloo-based immigration lawyer Binod Rajgandha said there are several reasons why IRCC concluded the marriage was one of convenience.

There may be a huge age difference between the couple, or they may have gotten married soon after meeting each other. However, according to Zai and Meer, they are both 40 years old and had been together before marriage.

Rajgandha said a big reason they found the marriage to be fake was because “little information was known about the spouse’s life.”

“For example, if during an interview or discussion, the IRCC determines that they do not know much about each other’s background, such as personal history, interests or family details,” Rajgandha said, this can be considered a marriage of convenience.

Zai said her husband twice tried to sponsor her and her children through the common-law marriage program, but was rejected for this reason both times.

Zai, one of those rejected, said that “her son has enrolled in a university, he hasn’t started yet, and since (her husband) doesn’t know the name of the university, they think the marriage is not real anymore.” “

Rajgandha said that marriage of convenience cannot be the only reason for the deportation order.

“He may have lost his immigration status,” he said.

Frozan said his refugee status was recently revoked.

“If that is the case, when IRCC sends the rejection letter, they also put the deportation order,” Rajgandha said.

He said the deportation decision was the last step before deportation.

“You still have some time to go and plead your case, which is what he’s doing right now,” he said.

Frozan’s last resource was to object on humanitarian and compassionate grounds, which is still under review.

Rajgandha said he could state his case here as to why he should not be sent to another country.

In Zai’s case, she is unsure if there are plans to deport her and her children to the Netherlands or if she will be sent directly to Afghanistan.

Zai said she would not be safe if sent to the Netherlands because of her history with her ex-husband and his family. He said they wouldn’t be safe there either because he was divorced and had already fled Afghanistan.

“If we were sent back to the Netherlands or Afghanistan, my life and the lives of my children would be in great danger,” he said.

‘It was very emotional’

After settling in Paris, Zai spent some time helping others come to Canada. Recently, St. With the help of the Mission and Outreach Committee at Andrew Presbyterian Church, he was able to secure a place for his brother and his family in the church’s 2024 refugee quota.

Committee chairman Richard McRonald said he met Frozan while advocating for his brother’s refugee status.

“It was very emotional. We tried everything we could think of to help and support him because we feel very strongly that he and his family should stay together here in Canada,” McRonald said.

“They work, they pay taxes, they volunteer, they participate,” he said. “They are the kind of people we need here.”

If Zai and his family receive a deportation order today, delays and time-consuming red tape could mean Zai will already be gone by the time his brother arrives in Canada.

“Why would we split the family and send people away who we know contribute to our Canadian society?” said McRonald.