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National Post

Iranian who killed someone in England gets another chance to stay in Canada

Article content While Lotfi was in detention, Immigration, Refugees and Citizenship Canada 'learned that in April 2009, the applicant was convicted in England with intent to do grievous bodily harm,' it said. 'The Canadian equivalent of this offence is aggravated assault.' Article content Because of his conviction, for which he served half of a 10-year prison sentence, 'Lotfi was referred for an admissibility hearing before the Immigration Division of the Immigration and Refugee Board,' said the decision. Article content It found Lotfi 'was inadmissible to Canada on grounds of serious criminality.' Article content That meant Lotfi became ineligible for his refugee claim to be heard, so he applied for a pre-removal risk assessment — his last ditch plea to stay in Canada. Article content For that hearing, Lotfi submitted a detailed written argument alleging that he would be at risk in Iran on four distinct grounds. But the immigration officer hearing his case noted Lotfi's lack of supporting evidence to establish his claim for protection. Article content The court heard Lotfi 'had essentially no relationship with his mother in Iran, and moved to Germany as a young adolescent, where his father placed him in a boarding school.' Article content At some point his family 'stopped paying tuition fees for this school, and he was subsequently placed in a Christian orphanage where he lived until he turned 18,' said the decision. Article content 'Over the course of these years, (Lotfi) grew disconnected with his Islamic background and gravitated towards Christianity. At one point while at the orphanage, he tattooed a cross on his shoulder.' Article content Lotfi 'also explained how he explored his sexual orientation while in the orphanage, though this was not easy to do. At 20, the applicant learned that his father had committed suicide. This led to a period of serious drug addiction, and in 2007 (he) was removed to Iran.' Article content Lotfi 'had a difficult time adjusting to life back in Iran,' said the decision. Article content 'Eventually, he learned of a park where gay men met to have sex. He began frequenting the park and having encounters with men, despite the obvious dangers that this posed. Eventually, however, (he) decided to leave Iran and went to the United Kingdom.' Article content The subsequent altercation in England 'led to his criminal conviction, which resulted in the death of one individual and the injury of two others,' said the decision. Article content 'He claims that he acted in self-defence, but contrary to the advice of his lawyer, he plead guilty and was sentenced to a ten-year sentence, of which he served five years. While in prison, (Lotfi) stated that he received mental health treatment for the first time, that he disavowed drugs, and formally converted to Christianity.' Article content