The Tamayo family says they don’t know where they went wrong while applying for asylum status, and with their deportation scheduled for Wednesday, they fear they may never find out.
Since arriving in Canada in March 2020, the Tamayo’s family asylum claim has been denied three times. Now, they’re set to be deported in just 24 hours – the federal government has provided them with plane tickets back to Chile on Wednesday.
"We don't know where we'll go [when we arrive in Chile]," Marcela Tamayo told CTV News Toronto Tuesday, as her daughter, Fiorella, translated her words from Spanish.
Marcela and Patricio said they made the initial decision to flee their home country after a rise in violence during the early days of the pandemic.
"It’s very dangerous outside, we were having many problems, like robbers," Marcela said. "But [the Canadian government] says our country is safe. The reality is another one — Canada gives us what Chile cannot."
Fiorella also spoke to the safety she feels Canada has provided her and her 11-year-old sister Maite.
“In this country, it is really safe. I can live in peace and I can play outside with my friends. We can go buy stuff without people following us,” the 13-year-old student at St. Benedict’s Catholic School in Etobicoke, Ont., said
On February 28, the family said they were given a final deportation notice for April 5 – two months before Fiorella and Maite are scheduled to finish the school year.
So, the family tried one last option – they applied for a deportation deferral on compassionate grounds in the hopes they could stay in the country until June – just long enough for the girls to finish school, they said.
To do so, they sought the help of their community – friends, fellow church goers, and teachers from St. Benedict’s wrote letters at the request of the Ministry of Immigration, justifying the girls’ need for a deferral.
“We submitted documentation from the principal, the school, the teachers, myself and others in the community about the children's participation in the school,” John McHugh, a volunteer at St. Benedict’s afterschool program told CTV News Toronto Monday.
“We outlined the psychological, mental problems that they might have [if deported] during the middle of the school year, and also that it may put that entire year that they've worked hard in jeopardy,” he explained.
On Monday, the family found out the deferral had been denied – two days before they’d be flown back to Chile.
Fiorella said she and Maite were in their bedroom when their parents broke the news to them.
“I just cried,” she said. “I will lose my friends, I won't finish my school year, or see my friends graduate.”
Due to privacy legislation, the ministry said they cannot comment on specific cases.
“That being said, Immigration, Refugees and Citizenship Canada (IRCC) is sensitive to the emotional stress that can be caused when there are issues with cases involving children,” a written statement provided to CTV News Toronto said.
The Ministry underlined that all asylum claimants receive due process, but that once all avenues to appeal are exhausted, are “removed from Canada in accordance with Canadian Law.”
“For asylum claims made in Canada, all eligible asylum claimants receive an independent and fair assessment on the individual merits of their claim at the Immigration and Refugee Board of Canada (IRB).”
The family, alongside McHugh, worry there isn’t much that can be done before Wednesday, but are seeking clarity on what would have constituted sufficient evidence to justify their deferral.
“I feel like we gave the evidence,” Marcela said.
CTV News Toronto has reached out to the federal Ministry of Immigration for clarity on the requirements for a deportation deferral, but did not receive a response before publication.
In the meantime, Fiorella said she hopes sharing her family’s story may spark a change.
“I hope this touches the official's heart and tomorrow, they change everything so we can stay.”
