Frozan Hassan Zai thought she would finally be safe after leaving an abusive marriage in the Netherlands with her two children, her second escape from a country.

She came to Canada, married a Canadian, had a child, started a business and helped others come to this country.

Eight years later, and now living in Paris, Ontario, she faces deportation by Immigration, Refugees and Citizenship Canada (IRCC).

“In this big world, there is no place we can call home,” Zai told CBC.

Zai’s husband twice attempted to sponsor her and her children under the common-law program, but was refused each time because the IRCC deemed they were in a marriage of convenience, meaning they married solely with the intention of obtaining citizenship or permanent status. .

At a hearing scheduled for later today, Zai expects to receive a deportation order.

She first fled Afghanistan as a teenager

Zai’s story begins in a grocery store in Taliban-ruled Afghanistan, where she made the political mistake of not wearing a burqa – a mask covering the entire body and face.

“I only had a scarf,” she said. “They started beating me almost to death.

“And that day my mother said we had to leave because today you almost got killed.”

Zai said she was 13 when she left Afghanistan. She, her parents and her brother fled on foot with only a backpack to carry their belongings.

Eventually in the Netherlands, at age 16, Zai was forced to marry her cousin and became pregnant soon after.

She named her firstborn child Shokran Hassan Zai, who said growing up in the Netherlands was full of ups and downs, but mostly downs.

My life and that of my children are in great danger if we are sent back to Holland or Afghanistan.-Frozan Hassan Zai

“I grew up with my mother alone and she was a single mother. My father wasn’t around much for most of my life,” Shokran told CBC.

Her mother said Shokran’s father was violent toward her and was in and out of prison over the next 14 years of their marriage.

“I went to the police, I went to the women’s shelter, but they can’t protect you forever, or keep someone in prison forever,” she said.

“Leaving Holland was the only option at that time.”

When they arrived in the country, Zai’s youngest, Sobhan, was two years old and Shokran was 14, still old enough to spend the majority of his time in high school in Canada.

“You have to start from scratch, right? New country, you don’t know the language very well. It was a challenge at first,” he said.

Shokran said he did not go to university because he was told he would have to pay international tuition fees.

“As far as I know, Canada is my home,” he said. “I tried my best to be here and get a good job and make a lot of money.”

Now a financial manager at a car dealership in Hamilton, he said: “My mother is a business owner, I have a full-time job and my little sister is a citizen of this country. Why exactly do you see the need to deport me? ?”

“We started as 2 friends… it turned into love”

Shokran’s mother met her future husband, Masood Meer, while working at an Afghan restaurant in Brampton.

She and her two children spent their first winter in Canada in a basement apartment.

“I didn’t know if it was day or night because it was dark and cold inside the basement,” she said.

Because of Meer’s Afghan origins, she thought she might ask him if he knew anyone who rented. They exchanged phone numbers and apartment listings, and Meer eventually helped her arrange showings. But when that was done, Zai said, he kept calling.

“We started off as two friends. He was very, very helpful. And then at some point it turned into love,” Zai said.

“Oh, he’s an amazing guy,” Shokran said. “I love him to death.”

After living in Canada for a little over a year, Zai and Meer got married. About a year later, they had Rose, who is now seven.

But Zai said the IRCC does not believe in love and declared their relationship as a marriage of convenience, meaning obtaining citizenship or permanent residency is the sole purpose of their union.

Each case assessed according to Canadian law: MP

Over several days, CBC contacted the federal government and several MPs who may be involved in Zai’s case.

Immigration Minister Marc Miller’s office said it could not provide a response before publication date.

In Guelph, where Frozan spends a lot of time working and volunteering at St. Andrew’s Church, MP Lloyd Longfield’s office said in an email that “each case is assessed on its merits and reviewed in accordance with the laws of Canada”.

Brantford-Brant MP Larry Brock, whose riding includes Zai’s town of Paris, did not respond to requests for comment.

Lawyer gives reasons why IRCC condemns fake marriage

Binod Rajgandha, a Waterloo-based immigration lawyer, said there are a number of reasons why IRCC might conclude a marriage was one of convenience.

There could be a huge age gap between the couple or maybe they got married too soon after meeting. But for Zai and Meer, they are both 40 years old and dated before marriage.

However, a key reason they might conclude a marriage is wrong is due to “minimal knowledge of the partner’s life,” Rajgandha said.

“For example, during an interview or discussion, if IRCC reveals that they barely know each other’s background, such as their personal background, interests or family details,” said Rajgandha, this could be considered a marriage of convenience.

Zai said her husband tried to sponsor her and her children twice through the common-law program, but both times he was refused for that reason.

About one of the denials, Zai said that her “son was enrolled in a university, he hadn’t even started yet, and since (her husband) didn’t know the name of the university, they now think that marriage is not real.

Rajgandha said a marriage of convenience cannot be the only reason to issue an eviction order.

“She may have lost her immigration status,” he said.

Frozan said his refugee status was recently revoked.

“If this is the case, when IRCC sends a refusal letter, it also issues a deportation order,” Rajgandha said.

He said the eviction order was the last step before deportation.

“You still have time to make your case, which she is doing now,” he said.

Frozan’s last resort was to appeal on humanitarian grounds, which is still under review.

Rajgandha said this is where she can explain why she should not be sent to another country.

In Zai’s case, she doesn’t know if there are plans to deport her and her children to the Netherlands, or if she would be sent directly to Afghanistan.

Zai said that if she was sent to the Netherlands, because of her history with her ex-husband and his family, she would not be safe there. She said that because of her divorce and the fact that she already fled Afghanistan, they won’t be safe there either.

“My life and that of my children are in great danger if we are sent back to Holland or Afghanistan,” she said.

“It was very moving”

Since moving to Paris, Zai has spent time helping others come to Canada. Most recently, with the help of the mission and outreach committee at St. Andrew’s Presbyterian Church in Guelph, she was able to secure a place for her brother and his family in the church’s 2024 refugee quota.

Richard McRonald, chairman of the committee, said he met Frozan when she was advocating for her brother’s refugee status.

“It’s been very emotional. We’ve done everything we can to help and support her because we strongly believe that she and her family should stay together here in Canada,” McRonald said.

“They work, they pay taxes, they volunteer, they get involved,” he said. “Those are the kind of people we need here.”

If Zai and his family receive a deportation order today, the delays and tedious bureaucracy could mean that by the time his brother arrives in Canada, Zai will already be gone.

“Why would we divide the family and send away people who we know are already contributing to our Canadian society?” MacRonald said.