It’s not human smuggling if you’re essentially trying to get caught, says a lawyer for one of the Tamils who sought asylum in Canada after arriving by ship.
Smuggling must entail clandestine and illegal entry, Rod Holloway argued to the Immigration and Refugee Board (IRB). However, in the Tamils’ case,
“The [passengers’] intention appears to have been to bring the ship to Canada and to report at a port of entry, not to try and enter Canada clandestinely.
“What has happened in this case is not smuggling and the people involved should not be denied access to the refugee process when they came here in good faith.”
See the Globe and Mail’s report here.
See our comment on Canada's treatment of fleeing Tamils here.
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