Somali wins new IRB hearing for illegitimate son

[AYOUB]

Somali wins new IRB hearing for illegitimate son

DNA test ruled 'intrusive'

 

Tom Blackwell

National Post

 

Wednesday, December 17, 2003

 

A Somali man who was forced to undergo DNA testing before he could bring his three children to Canada -- then discovered one of them was fathered by someone else -- has won a new immigration hearing.

 

Authorities had refused to let the third teenage child immigrate and join his father, noting the law requires a blood tie.

 

But the Federal Court of Canada has ruled officials should never have based their decision solely on the "intrusive" DNA analysis and must reconsider the unique case.

 

The results of the genetic tests, which Immigration Canada has made an increasingly common requirement in family-class immigration cases, have been "devastating" for the Muslim family, Justice Elizabeth Heneghan said in a decision this month.

 

The father, known in court only as M.A.O., always assumed all three children were his flesh and blood, said Geraldine Sadoway, his lawyer. Their mother died shortly after giving birth to the third child.

 

"It was a total shock, and in fact he doesn't accept it," Ms. Sadoway said. "Partly because of what it would mean. It would mean that somehow his wife had relations with someone else during their marriage.... It's too overwhelming for him to accept. He is a very traditional man."

 

Making matters more complicated, the father believes Muslim law bars him from adopting the child, which might have made sponsoring the 16-year-old as an immigrant easier.

 

The federal court judge ordered that the Immigration and Refugee Board, which had earlier rejected his appeal of the Immigration Canada decision, tackle the case again, this time without considering the DNA results.

 

Making the tests all but mandatory was "improper and unfair" of the government, said Judge Heneghan. "The intrusion into an individual's privacy that occurs with DNA testing means that it is a tool that must be carefully and selectively utilized," she said.

 

"The consequences of the [father's] belief that he and his children were required to undergo DNA testing have had a devastating impact on the family. He has been separated from his son for over four years."

 

The teenager, living with a relative in Kenya since his older brother and sister left three years ago, does not understand what is happening, Ms. Sadoway said.

 

"He just feels that they have abandoned him. He doesn't believe them any more when they say that they're fighting for him to be able to come," she said.

 

"He basically cries when he talks to them on the phone and says, 'Why have you left me?' "

 

She said requiring DNA proof of biological ties simply because war-torn Somalia does not have formal birth records discriminates against people such as M.A.O. Even in Canada, most parents can register births without a genetic test, she noted. And the rule of thumb in Canadian family law is to avoid DNA testing unless absolutely necessary, the lawyer said.

 

"In reality, who knows what DNA testing would turn up among Canadian families?" added David Matas, a prominent immigration lawyer based in Winnipeg.

 

"It's imposing a disproportionate burden on people coming from these countries."

 

M.A.O. settled in Canada in June, 1998, sponsored by his second wife, who already had refugee status. He then applied to have his three children from the first marriage follow him.

 

But birth records have long since been destroyed in Somalia's civil war. As proof of parentage, he offered a passport that listed all three children, complete with photographs, and affidavits from friends who were present at the boy's birth.

 

The Canadian High Commission in Nairobi rejected both. Instead, a visa officer suggested DNA testing, indicating that failing to take one would "likely lead to refusal" of the request to reunite with his children.

 

When the results came back, the two older teenagers were allowed into Canada, but not their younger brother.

 

M.A.O. appealed to the Immigration and Refugee Board, which ruled against him. He then appealed to the federal court.

 

Judge Heneghan stressed that the law does require that sponsored children be biologically linked to the parents. But she said the requirement for DNA testing was not appropriate.

 

National Post

[QUANTUM LEAP]

Poor blighters....this is just the beginning of the DNA revolution amongst Somalis ...Must be a total blow to find out that you lovely lil gal was fathered by another man ....damn

[Lefty]

OH NO NO..Unless the story somehow isn't true and the sponsorship is another Somali way of sponsoring one of your related kid like a nephew as one of yours, this is too hard to swallow for both the boy and the father and It makes no difference the probability of innocence or guilt of anyone since the mother passed away.

[OG Moti]

Ouch .. nothing can be harder than finding out your child who u raised and loved isnt your child, i think DNA thing is not good and should not used, it creates more problems that good things it might bring.. your child or not .. should be judged infront of Allah in cases such as the one in hand, but could be used in extreme cases such as when a father refuses his child or other very neccessary cases, ouch if this story is true, I m happy the mother is dead, if not Nacalatulah on DNA.... peace

[wiil-waal]

helo my fellow nomads

 

damn, sounds painfull what the poor guy is going through. for one he realized eventhough denying (i am not sure how much truth to it either) that he is not the real father and second he might not be allowed to bring the child to him. well, i hope this wont open doubts to other pples minds and i hope the kid comes over whatever the case is

 

happy new year to you all

[Pujah]

you guys are so gulible....isn't possible that the kid is just related to him otherwise and not his real son...I DONT believe it to be true...its just an attempt on M.O.A part to win immigration case

 

some of you went as far as puting naclad on diseased women...subhanalah :rolleyes:

[bilan]

probably the child is his nephew,or related to him/his wife some other ways,somelis bring some people they have never seen as their children, spouses, or siblings, why are you assuming his wife cheated on him, someone who is not somali may assume that,but you who knows how somali system of sponsorship works,you should be able to figure it out.

[Valenteenah.]

^^ What a bunch of horrid ppl you lot are. :eek:

[Passion_4_Fashion]

dadkiinaan iga koreeya soomalida filinkeedi aad fashileysaan...meeshaan dad kale aa soo gali karo oo aqrin karo so pls wax aan iskula harno

 

Maskiin if theres any truth to that story then may God ease his pain.