Claudia Zamorano and her family will be able to stay in Canada for Christmas after all — but their long-term future remains uncertain.
Federal Court Justice Russel W. Zinn ordered a stay of deportation on Dec. 7 for the family, who were to be sent back to Mexico on Dec. 19.
Zamorano, a housekeeper at Royal Columbian Hospital, lives in New Westminster with her husband, Andres Liberato Bazan, and nine-year-old daughter Evangeline. They came to Canada as refugees in 2017 along with with Andres' brother, Isaias Liberato Bazan, and mother, Leticia Bazan Porto.
In 2021, the family applied for permanent residency on humanitarian and compassionate grounds, but the Canada Border Services Agency ordered the family to be deported before that application could be heard.
In November, the family's lawyer submitted a 945-page request to the Canada Border Services Agency (CBSA) asking that their deportation be deferred until a decision is made on their application for permanent residency — but Sanctuary Health, a migrant justice organization that's working on behalf of the family, said the CBSA refused the request in less than 24 hours.
They then appealed to the federal court for an interim stay of deportation, which was granted last week. Now, according to the order, the family can remain "until such time as the applicants’ application for leave and judicial review of a negative decision refusing to defer their removal is considered and finally determined."
Zinn, in his decision, noted the law requires that a stay of deportation can only be granted if the applicant "is likely to suffer irreparable harm if the stay is not granted," and the onus is on the applicant to prove that. His order said he is satisfied the family has met that test and that it's in the "interests of justice" to issue an interim stay of deportation.
"We are thrilled to know that the family can now celebrate Christmas with their friends, family and community," Omar Chu of Sanctuary Health said in a press release. "We are so grateful for the immense solidarity shown by the community over the past six months; the letters and emails that continue to pour in are still so important in supporting the family's ongoing applications for permanent residence."
A letter-writing campaign in support of the family has seen more than 2,000 letters and cards sent to Immigration Minister Sean Fraser.
The Hospital Employees' Union has thrown its support behind the family, arguing that the federal government should ensure status for workers such as Zamorano, who are necessary for the health-care system.
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