Status of migrant who worked in Quebec long-term care homes in jeopardy - Action News
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Montreal

Status of migrant who worked in Quebec long-term care homes in jeopardy

MamadouKonat, who has lived in Quebec for five years and whose refugee claim process has been marred by setbacks, fears there may no longer be legal recourse to prevent him from being deported, after a crushing federal court judgment.

He's lived in Quebec for 6 years and has worked across the province, but Mamadou Konat fears he can't stay

Mamadou Konat has been in Quebec since early February 2016 and worked in long-term care homes at the height of the first wave, but Canada wants to send him back to Ivory Coast. (Valeria Cori-Manocchio/CBC)

MamadouKonat, who has lived in Quebec for six years and whose refugee claim process has been marred by setbacks, fears there may no longer be legal recourse to prevent him from being deported, after a crushing federal court judgment.

In the time Konathas spent in the province, he has felledtrees for Hydro-Qubec, sorted trash in waste management centresandcleaned the rooms ofCOVID-positive patients at long-term care homes.

Konatfled civil war in his home country ofIvory Coastand bounced between refugee camps in neighbouring countries before landing in Canada in February 2016.

"It's unfair. I don't understand anything anymore. I've been here for six years. I've worked the whole time. I just got a new work permit. I don't know what I did wrong,"Konatsaid over the phone Sunday evening.

When Konatarrived in Canada, his refugeeclaim was rejected under a section of the federal Immigration Act, which states that anyone who participated in the overthrowing of a government cannot seek residency in Canada.

"It's basically the clause under which we would make Nelson Mandela inadmissible," immigration lawyerStewart Istvanffytold CBC last year.

Istvanffy,who represents Konat,filed a request for the federal government to waive his inadmissibility, as well as a writto try to force the government to make a decision quickly in his case due to extensive delays.

BecauseKonat's refugee claim was rejected, he could be deported before the government rules on his admissibility.

A man with an orange helmet leans on a hydro installation.
Mamadou Konat has worked in remote parts of the province. (Submitted by Mamadou Konat)

The writ was a bid by Istvanffy for a decision to be made before that could happen, but on June 8Justice Yvan Roy dismissed the request, saying the lawyer and Konatdid not provide enough reason about why his case should be heard before others.

Returning to Ivory Coast 'dangerous'

Roy also saidKonathad made confusing statements in the past about whether he had been forced to join a movement to overthrow former Ivory Coast president Laurent Gbagbo or not.Konatsays he deserted the movement and went into hiding, and believes he could be killed or tortured in retaliation if he returns to Ivory Coast.

Soon after the decision, Konatreceived a notice calling for him to show up at the federal immigration offices in downtown Montreal onMonday morning.

"We're really worried because right now it doesn't seem like there is anything, legally, that could block his deportation," said his friend Amelia Orellana,who helped organize a rally outsidethe immigration office on Saint-Antoine Streetbefore his appointment.

"It could be extremely dangerous for him to return to Ivory Coast," she added.

Immigration lawyer Stewart Istvanffy, left, and Mamadou Konat, right, were at a rally for Konat, who faces deportation, Monday morning at the federal immigration offices in downtown Montreal. (Ivanoh Demers/Radio-Canada)

The meeting ended up being to fill in paperwork, but Istvanffysays he expects his client could be given a deportation date by this fall if the provincial Immigration Ministry doesn't intervene and granthim temporary resident status.

"Mamadou'sa great guy and he belongs in Quebec," Istvanffy said at the rally. "I wish the minister would take the time to do the right thing."

Quebec's Immigration Ministry has previously said it wouldn't intervene because Konat's file is a federal matter, but Istvanffy says that is misleading because the ministry regularly hands out temporary resident statuses.

A life in Quebec

In February,Konatspoke with CBC News for a short documentaryabout immigration detention in Canada.

Konathas been detained three times at the Immigration Detention Centre in Laval, sometimes for months at a time. Eachtime,Konatwas taken into custody after showing up for seemingly routine appointments at the Saint-Antoine immigration offices without knowing whether he would end up detained.

"To me, it's illegal to put someone in prison, when they haven't stolen or done anything (wrong)," he said.

WATCH| Mamadou Konat describes his experience in immigration detention:

Why some say Canadas immigration detention centres are like prisons

2 years ago
Duration 6:51
Canada has long presented itself as a safe haven for people fleeing crises abroad, but changes to immigration laws in recent decades have created detention centres some say are 'inhuman.'

In the interview,Konatdescribed the life he's built in Quebec. He lives in Montreal's quaint Rosemont neighbourhood and works long hours, spending nearly all of his money on fees associated with his immigration file.

But over the years, he's managed to develop strong friendships and a good group of friends, who regularly meet for suppers and weekend activities. He credits a fitness dance group called Djamboola for many of those connections.

Those friends also helped raise the $7,000 caution the CBSA required in 2020 to release him from detention.

"Often, I'm discouraged, but I look at the people around me, my friends," Konatsaid. "I'm surrounded by good people who have love for me and tell me I'm not alone."

With a file from Jennifer Yoon