Einem tamilischen Flüchtling, der auf der MS Sun Sea ankam, wurde ein Abschiebungsaufschub gewährt

Of course. At this point, it is actually more newsworthy when foreigners who commit crimes actually get deported.

Why does this keep happening. Judge’s decisions baffle me

Deport him along with the judge, honestly.

# Tamil refugee who arrived on MV Sun Sea granted stay of deportation

A man who arrived in Canada seeking asylum with a boatload of Tamils 16 years ago has been spared deportation after court ruled Canadian officials have failed to properly assess the risk he’d face if returned to Sri Lanka.

Kugatheeswaran Thuraisinkam was among the 492 passengers aboard the highly publicized MV Sun Sea in 2010, who were deemed a national security threat by then prime minister Stephen Harper’s Conservative government.

Officials associated them with the separatist group, the Liberation Tigers of Tamil Eelam, and suggested some might have been terrorists. As a result, they had been detained for months and challenged at every step of their asylum process. 

Thuraisinkam has for years dealt with prolonged separation from his wife and three children, homelessness and mental illness. He says an agent mishandled his case and so it didn’t get properly assessed.

“This has been a very difficult process,” Thuraisinkam told the Star through an interpreter. “I am so scared of being deported. I have some relief now. I am very grateful to the courts for saving me.”

In staying Thuraisinkam’s April 16 deportation, Federal Court Judge Sébastien Grammond said Canadian authorities have not yet assessed the risk the man would be facing upon returning to Sri Lanka by virtue of having been a passenger of the MV Sun Sea.

He survived war in Sri Lanka and arrived in Canada on a rickety ship packed with Tamil refugees. 16 years later, he’s still fighting for protection here

# He survived war in Sri Lanka and arrived in Canada on a rickety ship packed with Tamil refugees. 16 years later, he’s still fighting for protection here

Part of voyage that made international headlines, Kugatheeswaran Thuraisinkam didn’t have the dangers of his return submitted or assessed as evidence.

He survived war in Sri Lanka and arrived in Canada on a rickety ship packed with Tamil refugees. 16 years later, he’s still fighting for protection here

# He survived war in Sri Lanka and arrived in Canada on a rickety ship packed with Tamil refugees. 16 years later, he’s still fighting for protection here

Part of voyage that made international headlines, Kugatheeswaran Thuraisinkam didn’t have the dangers of his return submitted or assessed as evidence.

[](https://zero.click/b74cc910-ce42-49d3-8470-958526111243)

And that’s what Judge William Pentney at the same court had asked the Canada Border Services Agency to do in quashing an officer’s refusal to defer Thuraisinkam’s removal last year.

“It is curious, to say the least, that CBSA is attempting to remove him again when the issue highlighted by Justice Pentney has not yet been resolved,” Grammond wrote in his ruling released this week. 

Like all passengers on the MV Sun Sea, Thuraisinkam was detained for months by Canadian border officials and made a refugee claim based on the fear of persecution of Tamils in Sri Lanka.

In 2012, [his claim was refused, and his appeals and subsequent pre-removal risk assessment have not changed the outcome](https://www.thestar.com/news/canada/he-survived-war-in-sri-lanka-and-arrived-in-canada-on-a-rickety-ship-packed-with-tamil-refugees-16-years-later-hes-still-fighting-for-protection-here/article_6e41734a-9fca-484c-998a-c602768e7823.html) because evidence of persecution against MV Sun Sea deportees was never submitted and examined.

Grammond said the new evidence presented by Thuraisinkam’s current lawyer was not available when his refugee claim was decided. Neither was it presented at the man’s previous risk assessment that was prepared by someone who turned out to be neither a lawyer nor a licensed immigration consultant, the judge noted.

“I am of the view that Mr. Thuraisinkam would likely be exposed to a serious risk of torture or ill-treatment if he were removed to Sri Lanka,” Grammond concluded.

He said his finding is based on evidence indicating the prevalence of torture in Sri Lanka and the risks facing those suspected of association with the Liberation Tigers of Tamil Eelam, concerns over the portrayed ties between the MV Sun Sea and the LTTE, as well as the mistreatment of two returnees. 

Kes Posgate, Thuraisinkam’s current counsel, said the court decision affirms that passengers of the MV Sun Sea continue to face risks in Sri Lanka nearly 16 years after their arrival in Canada, acknowledging how the actions and statements made by the Harper government at the time contributed to the risk of persecution against the passengers of the vessel.

“It bears emphasizing that the evidence provided to CBSA suggests that the Canadian government has shared information regarding the MV Sun Sea passengers with the Sri Lankan government,” said Posgate. “This is why Kugatheeswaran faces risk of persecution in Sri Lanka.”

Although Thuraisinkam has twice been convicted of impaired driving — and failed to show up for removal appointments, the court said the balance of convenience favoured a stay of removal in this case.

“We are dealing with a risk of torture that has never properly been assessed,” Grammond wrote. “The evidence filed in support of this motion shows that the risk is far from being speculative. The need to assess this risk properly before removing Mr. Thuraisinkam far outweighs the public interest in the prompt enforcement of the law.”

16 fuking years! It’s been 16 fuking years that this has been going on, LOL!
I immediately recognized the “Sun Sea” and went – jeez, I haven’t heard that name in years.

At this point – yeah, the fella can stay, I suppose, LOL. What does he have to go back to at this point?

People love to crap on the Libs but Stephen Harper failed to do the job back then.