Ms. Derakhshandeh Tosarv and her minor son H. H. M. came to Canada to seek protection from the government of the Islamic Republic of Iran (I.R. Iran, Iran). She was the subject of abuse by her former husband and as well her son was beaten up severely and repeatedly.
Her protests to protect her son would result in more abuse. Iranian Sharia Law not only denies protection for victims of abuse, but also strengthens the hands of an abusive husband by depriving the mothers of custodial rights. These circumstances forced her to escape to Canada. When she reached Canada, she applied for refugee status. The estranged husband however complained to the authorities and accused her of adultery.
The punishment for adultery in I.R. Iran's Law is stoning to death.
Ms. Derakhshandeh Tosarv’s refugee claim was based on her fear that her
estranged husband, who had abused her and her minor son, had spread rumors
that she had committed adultery and that he had charged her with the crime of
adultery under Islamic law. The punishment in Iran for adultery is death by
The Applicant’s claim was rejected on credibility grounds. However, the
member’s credibility concerns largely centered around the plausibility of Ms.
Derakhshandeh Tosarv’s explanations for a lack of documentation of her stated
fear that she faced charges of adultery in Iran, and a lack of documentation of her
fears relating to the abuse perpetrated by her estranged husband.
Since the refusal of her refugee claim, Ms. Derakhshandeh Tosarv has been in
receipt of new evidence which post dates the refugee hearing demonstrating that
she faces adultery charges in Iran. She has received two summonses to appear
to face charges in an Iranian court. She has also received new evidence that her
estranged husband has been harassing her elderly father, accusing him of hiding
her, and threatening to kill both her and her father, thus corroborating the fear of
her husband’s violence that she was unable to document at the time of her refugee
Our own Foreign Affairs Minister, John Baird described Iran as “among the
world’s worst violators of human rights”. I. R. Iran has been condemned more than 50 times
by the UN Human Rights Commission and Canada has voted for the motions all the times. There have been numerous cases of stoning to death for the charges of adultery.
Now Mr. Jason Kenny, the Honorable Minister of Immigration, whose ministry is responsible to have let in all the "money launderers", related to the Iranian regime's insiders and human right abusers, which he claims that he will go after them.
But make no mistake, on the day after Mr. Kenny's dramatic claim, it was not the alleged human rights abusers who were targeted. Ms. Darakhshandeh and her son were summoned to a removal office of the Immigration Department and were given a notification and a scheduled ticket to a gloomy destiny awaiting her. She is scheduled to be deported to Iran on Sept. 20th 2012.
Since Ms. Derakhshandeh Tosarv and her minor son’s refugee claims were denied on October 5, 2011, they will not be eligible for a Pre-Removal Risk Assessment until October 5, 2012, 22 days from today. This is due to the recent changes to the Immigration and Refugee Protection Act implemented on June 29, 2012.
Ms. Derakhshandeh Tosarv’s lawyer is requesting a deferral of their removal until after October 5, 2012 so that the new evidence which establishes her fears for returning to Iran can be assessed under a pre-removal risk assessment (PRRA).
We urge you to write to the Minister of Immigration to stop this nonsense and put an immediate stop to the deportation of Ms. F. Darakhshandeh and her son to stay till a proper Pre Removal Risk Assessment is done by His Own Ministry's Officers. We do not think that is too much compassion to ask and expect from the Minister.