CCPR/C/119/D/2613/2015
2.7
The author’s wife tried to move the family to several different locations. In
November 2010, MS-13 gang members fired shots towards the family’s house while they
were sleeping and left a threatening letter. 7 The family therefore decided to move again
from their house. Furthermore, the oldest daughter was approached by MS-13 members on
her way to school asking her about her father’s whereabouts and the youngest daughter was
sent to live with her grandparents after being directly threatened. 8 The author’s daughters
have had to be home schooled because of the threats. 9
2.8 Upon his arrival in Canada on 9 August 2005, the author filed an asylum application.
On 28 April 2009, the Immigration Division of the Immigration and Refugee Board of
Canada found that the author was inadmissible to Canada on security grounds, owing to his
membership in the Farabundo Marti National Liberation Front prior to 1992, when it was
considered an “organization believed to engage in or instigate the subversion by force of
any government”. 10 An application for ministerial relief from the inadmissibility finding
was submitted in July 2013 and again in January 2014, but the author has not yet received a
response. The author filed an application for judicial review of the Immigration Division
decision, which was dismissed by the Federal Court on 3 March 2010.
2.9
The author applied for a pre-removal risk assessment, which was rejected on 15
October 2009 on the grounds that there was insufficient independent evidence to support a
finding of a risk of torture, a risk to life or a risk of “cruel and unusual” treatment or
punishment. The author then applied for judicial review of the decision, which was
dismissed by the Federal Court on 7 September 2010.11
2.10 In October 2010, the author filed a second application for a pre-removal risk
assessment, addressing the risk faced in El Salvador with new evidence. His application
was rejected on 20 September 2011. On 19 October 2011, the Federal Court granted the
author an interim stay of removal pending judicial review of the negative assessment
decision.12 The judicial review was discontinued on 13 December 2011, because the State
party agreed to a redetermination of the assessment by a different officer. The author
submits that he updated the assessment submission four times since November 2010, with
further information on the conditions of the country and the incidents of harassment and
threats towards his wife and daughters.
7
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9
10
11
12
you”. He also includes a copy of the statement by the policeman responsible for the case, dated 30
September 2010, stating that, considering that the author’s wife “has been receiving anonymous
threatening calls from these gangs [MS-13] … one can easily determine” that “once they have found
him [the author] his wife and daughters will also be in danger”.
The author includes a copy of the letter found at the house of the author’s wife on 4 November 2010,
signed “F. MS VA” stating that “we want information about your husband … next time these shots
won’t be at your house or in your door, but in your daughters or in you … no one messes with us
because once we start something we have to finish it”. He also includes a copy of the police
investigation report and a copy of the Salvadoran Prosecutor General’s report, both dated 4 November
2010.
The author includes a letter from a school director, dated 4 September 2009, indicating that the
mother claimed that “due to reasons that threaten their physical integrity, they found themselves
obligated to move out of their home; so the supporting teachers are helping them … through work
with guides”.
The author includes two translated letters from acting school directors, dated 18 June 2012; one states
that one of the daughters had to leave school “due to the constant threats by members of MS gang”;
and the other states that “it was not possible for them [the other two daughters] to return to the school
due … to the constant threats of the members of the MS gang”.
The State party refers to the “Immigration Division decision on inadmissibility”. According to para. 2
of the decision, “Mr. Monge Contreras was reported on 26 May 2006 as inadmissible to Canada
pursuant to paragraph 34 (1) (f) of the Immigration and Refugee Protection Act, in that he is a foreign
national who is inadmissible on security grounds for being a member of an organization that there are
reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph 34
(1) (b), namely, engaging in or instigating the subversion by force of any government”.
See Jose Henry Monge Contreras v. Minister of Citizenship and Immigration, 2010 FC 880, Docket:
IMM-5953-09, Federal Court decision (7 September 2010) (judicial review decision of the first preremoval risk assessment decision).
See J.C. v. Minister of Citizenship and Immigration, Docket: IMM-7074-11; Federal Court order (19
October 2011).
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