Former child refugee's deportation hearing temporarily paused

The deportation hearing for a former child refugee from Somalia was adjournedWednesday until March 21 to give the Immigration and Refugee Review Board (IRB)timeto decide whether to pause its proceeding and allow for an upcoming Federal Courtcase in May.

Wednesday's hearing with the IRBin Toronto was supposed to determine Abdoul Abdi's future in Canada a country the 24-year-old has called home for most of his life.

Abdi's Toronto lawyer, Andrew Brouwer, argued for an adjournment based on justice and fairness.

On Tuesday, the Federal Court agreed to hear Abdi's case and scheduled a hearing for May 29.

Warning letter sought

According to Ben Perryman, Abdi's lawyer in Halifax, the court's decision could upendthe deportationcase becauseit willconsider aspects of the case that the IRBcannot, including Abdi'sexperiences in the Nova Scotia childcare system and his bleak prospects in Somalia.

Perrymansaid earlier he expected his client would be ordered deported if the IRBhearing went ahead.

"Mr. Abdi is used to living in uncertainty. He's lived in uncertainty for his entire life while he's been in Canada and Canada'scontinued steps to keep him in that place of uncertainty is not something new to him," said Perryman.

Abdi has asked the Federal Court for a warning letter instead of a deportation order.

"A warning letter gives Mr. Abdi a second chance and says that if you are of good behaviour for a period of time, we will not pursue your deportation. If however that is not your case, we can instigate the deportation proceeding again," Perryman said.

Abdi was at the IRB hearing, but did not speak at it, nor to media outside. He was accompanied by two women, identified by an IRB member as family members.

He wore a red toque and a black sweatshirt with a giant gold Mercedes Benz emblem on it.

If the deportation hearing proceeds, Perryman said there are going to be "multiple simultaneous proceedings going on at the same time.If Mr. Abdiis ultimately successful in Federal Court it will undo all those proceedings."

"I think there is a strong case here for the [Minister of Public Safety] to press pause on the deportation process," he added.

If the court rules in Abdi'sfavour, adeportation order from the IRBwould be invalidated and Abdiwould retain his status as a permanent resident, Perrymansaid. The government would have the option, however, of restarting the deportation process.

Abdi was detained by the CanadaBorder Services Agency (CBSA) earlier this year after servingnearly five years in prison for multiple offences, including aggravated assault.

Tumultuous childhood

Supporters argue more should be done for Abdi,who arrived in Nova Scotiaat age six with his sister and aunts but landed in the care of the province soon after.

He was shuffled between foster homes 31 times throughout his childhood andNova Scotia's Department of Community Services never applied for him to become a citizen. His criminal past, together with his lack of citizenship, are the grounds for the would-be deportation.

His sister,Fatouma, has saidthere's nothing in Somalia for her brother. She said he doesn't speak the language and has no family there.

On Tuesday, she, along with his friends and family, gathered at the Nova Scotia Legislature in an unsuccessful attempt to convince the provinceto intervene in his deportation case.

"I think it's unfair that they're trying to strip him of his permanent resident's card," she told reporters.

"He's trying to better himself, but the government is moving him 10 steps back."

'Volatile' Somalia

According to the CBSA, between 2015 and Feb. 26, 2018, Canada has deported 31 people to Somalia, a war-torn country considered to be very dangerous.

On its travel site, the federal governmentwarnsCanadiansnot to visitSomalia because the "security situation" is "extremely volatile and the threat of domestic terrorism is high."

Abdihas been living in a Torontohalfway housesince his release in January from immigration detention.

If the deportation order is issued, Abdi's lawyerdoesn't expect him to be immediately deported. But hehas said he wouldlose his right to work in Canada and his access to healthcare, which could put Abdiat risk of returning to jail.

Currently, Abdi is employed inaresearch project that examines youth who have contact with both the child-welfare system and the criminal justice system.