“Returning to India will put my life in danger”: a Sudbury resident contests his future expulsion

For the second time in a month, around twenty people gathered Friday in front of the Sudbury MP’s office to support Tarun Godara, a Sudbury resident of Indian origin whose deportation from Canada is scheduled for May 20.

Tarun Godara, based in Sudbury since 2017, is fighting to try to overturn a decision by Ottawa to send him back to his country after he worked three weeks after his temporary work permit expired.

His request for a pre-removal risk assessment — which allows people to be deported to request protection — was also rejected in January by Immigration, Refugees and Citizenship Canada (IRCC). The 33-year-old man, however, assures that his homosexuality will put him in danger once he returns to India.

The work permit of Tarun Godara, who came to Canada to pursue his post-secondary studies, was valid until August 2022. He subsequently requested a subsequent extension of his work permit, but this was refused. IRCC considered that he no longer had valid status in Canada.

I worked for three weeks after my work permit expired while waiting to reapply under the new work permit policy that had been introduced during the pandemic. This is what caused me problemsexplains Tarun Godara.

He is now asking for help from the community and his MP, Viviane Lapointe, of the Liberal Party, to support his case.

A possible remedy in the circumstances

Immigration lawyer Stéphane Handfield analysis that immigration agents were entitled to issue an expulsion order since Mr. Godara worked after the expiration of his work permit.

Working after the expiration of the work permit without having first applied for a renewal is illegal in Canadahe mentions.

He emphasizes that the same would be true for a student who continues his studies after the expiration of his study permit without having first applied for a renewal.

Taru Godara, however, made it known that he had no intention of doing anything illegal and asked to be allowed to stay in Canada.

I tried my best to be a real migrant. I paid my taxes, I contributed to the community. I’ve done my fair share. It’s not much, but it’s somethinghe said.

Fear of going to India for his sexual orientation

Even though the Supreme Court of India issued a judgment in 2018 that decriminalized homosexuality, Tarun Godara fears for his safety if he returns to his country.

In India, people are still ostracized by their families and forced to stay away from their partners just because they are not heterosexualhe confides.

Returning to India will not only put my life in danger, but also the safety of my family in this country.

The federal ministry responsible for immigration services indicated that he would nevertheless be treated well in India

It has been determined that you will not be subjected to a risk of persecution, torture, there is no risk to your life…based on your sexual orientationwe read in a document addressed to the applicant and of which Radio-Canada had a copy.

Some Sudbury residents are calling on the Minister of Immigration to help Tarun Godara stay in Canada.

This gathering should not take place for people to be aware of it. This should be a right for people who come to Canadasays Rylee Peltier, who was at the rally.

The office of MP Viviane Lapointe responded in an email to CBC that it could not comment on the case of an individual.

Theoretically, there would be a last chance for Tarun Godara whose application for permanent residence is still being processed, according to Stéphane Handfield.

As long as the person has not left Canada in a case like this, the Minister of Immigration has a discretionary power to issue what is called a temporary resident permit for humanitarian circumstances. , while waiting for Immigration Canada to decide on this application for permanent residenceexplains the immigration lawyer.

If nothing is done, Tarun Godara will fly on May 20 at 7:45 p.m. for India.