| Site Map THE ISRAELI ART STUDENTS AND MOVERS STORY -- Part 3 | 
| 
      Minutes of a hearing
      
       The 
      Minister of Citizenship and Immigration
      Le ministre de la 
      Citoyenneté et de l’Immigration 
      and / et 
      
      EINAV SOFER 
      
      AMIT YEHUDAI 
       
      September 17th, 2003, 
      Ottawa 
      BY 
      MEMBER: 
      -                
      So, I'll state that my name is Pierre Turmel.  I am a member of the 
      Immigration Division.  Today is September the 17th, 2003, and I've been 
      asked to preside an admissibility hearing concerning Einav Sofer. 
      BY 
      MEMBER (to persons concerned) 
      -                
      I'm sorry maybe for the pronunciation of your name. 
      A.             
      You pronounce it good. 
      -                
      And Amit Yehudai. 
      Q.             
      That is you? 
      A.             
      Yeah. 
      Q.             
      Okay.  First, I'd like to know if you fully understand English? 
      A.             
      Yes. 
      Q.             Or 
      if you'd like to have the assistance of a Hebrew interpreter? 
      A.             We 
      understand everything. 
      -                
      You understand everything. 
      Q.             
      What about you, Mr. Yehudai? 
      A.             I 
      understand. 
      -                
      Okay. 
      Q.             
      Now, do you consent to the holding of this hearing in the presence of one 
      another?  Would you like to have your hearing separately, or if you are in 
      agreement to have your hearing at the same time than Mr. Yehudai? 
      A.             We 
      agree. 
      Q.             It 
      is okay? 
      A.             
      (Mr. Cole) Yeah. 
      -                
      Okay, then. 
                      
      The person to my right is the Minister's counsel, Madame Sybill Powell. 
      Q.             
      Now, you have been told that a hearing was to take place today.  Am I 
      correct? 
      A.             
      (Ms. Sofer) Yes. 
      Q.             
      You've received the documents to that effect? 
      A.             
      Yes. 
      A.             
      Yes. 
      -                
      On that Notice to Appear for the hearing there is a mention to the effect 
      that you may be represented by a lawyer. 
      A.             
      (Ms. Sofer) No, we don’t want to be represented by a lawyer. 
      -                
      You talk for yourself. 
      A.             I 
      don't want to be represented. 
      Q.             
      You don't want to have a lawyer? 
      A.             
      I'm sorry. 
      A.             
      (inaudible) 
      -                
      You don't want a lawyer too.  Okay, if you change your mind, you just let 
      me know, okay, and I will act accordingly, okay. 
                      
      There's another person in this room who is Mr. Yehudai's girlfriend.  She 
      is here as an observer.  I will only state that observers cannot intervene 
      in any way during the course of the hearing.  Okay. 
                      
      Now, I have received documents.  You have copies of the same.  I will file 
      these documents into the record of the hearing.  The referral under 
      subsection 44(2) of the Immigration and Refugee Protection Act, 
      dated the 15th of September 2003, at Ottawa, will form Exhibit C-1 into 
      your respective file. 
      EXHIBIT C-1 - SUBSECTION 44(2) 
      REFERRAL - SEPT. 15TH, 2003
                      
      And the other document, which is the report made under subsection 44(1), 
      dated the 12th of September 2003, at Ottawa, will form Exhibit C-2. 
      EXHIBIT C-2 - SUBSECTION 44(1) 
      REPORT - SEPT. 12TH, 2003
      Q.             
      Now, Ms. Sofer, you've read that report? 
      A.             
      Yes. 
      Q.             Do 
      you fully understand its contents? 
      A.             
      Yes. 
      Q.             
      And what about you, Mr. Yehudai, have you read it in full? 
      A.             
      (no verbal reply) 
      -                
      You're nodding your head in an affirmative way. 
      A.             
      Yes. 
      -                
      But you have to speak up.  Everything is being recorded. 
      A.             
      Okay. 
      -                
      Okay. 
      Q.             
      And do you fully understand the content of the report? 
      A.             
      Yes, sir. 
      -                
      Yes. 
                      
      Now, I’ll tell you what I’m here for, okay.  I first have to determine if 
      you have a right to enter and/or remain into Canada.  This right is 
      restricted to Canadian citizens and permanent residents of Canada. If you 
      are not such a person, I will then have to look at the report made against 
      you in order to determine if you have contravened any of the dispositions 
      of the Immigration Act, and more precisely, the ones appearing on 
      the report.  
                      
      If I find you have not, I'll say it and the inquiry will end there.  
      However, if I find that you have contravened the dispositions of the 
      Immigration Act, I'll have no other choice but to make an Exclusion 
      Order in your cases.  This will mean that you will have to leave the 
      country, and you will be prohibited from coming back to this country for a 
      certain period of time.  I'll tell you at the end of the hearing depending 
      on the breaches to the Immigration Act how long you'll be 
      prohibited from coming back. 
       
      Q.             
      Okay, understood? 
      A.             
      (Mr. Yehudai) Yes, sir. 
      Q.             
      Following my explanations, are you still ready to proceed now... 
      A.             
      Yes. 
      A.             
      Yes. 
      Q.             
      ...without a lawyer? 
      A.             
      Yes. 
      A.             
      Yes. 
      -                
      Yes, okay. 
      BY 
      MEMBER (to Minister's counsel) 
      Q.             
      Madame Powell, do you wish to call these persons as witness? 
      A.             
      Yes. 
      -                
      Okay. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      Ms. Sofer, would you please stand up and raise your right hand.  Do you 
      solemnly affirm that the evidence you are about to give shall be the 
      truth, the whole truth, and nothing but the truth? 
      A.             
      Yes, your honour. 
      -                
      Thank you. 
      A.             
      Can I sit? 
      -                
      Yes. 
      Q.             Do 
      you solemnly affirm that the evidence you will give at this hearing will 
      be the truth, the whole truth, and nothing but the truth? 
      A.             
      Yes, sir. 
      -                
      Thank you. 
      BY 
      MEMBER (to Minister's counsel) 
      -                
      Your witness. 
      Q.             
      Who do you want to start with? 
      A.             
      Ms. Sofer. 
      -                
      Ms. Sofer. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      -                
      Please state your full name for the record. 
      A.             
      Einav Sofer.  It's. E.I.N.A.V. the first name, and the last name is 
      S.O.F.E.R. 
      Q.             
      And do you have any other names? 
      A.             
      No. 
      Q.             
      What is your date of birth? 
      A.             
      The 26th of December 1976. 
      Q.             
      And where were you born? 
      A.             In 
      Israel, Vesai (phonetic), the name of the town. 
      Q.             
      Okay, and what is your citizenship? 
      A.             
      Israeli. 
      Q.             
      Are you  Canadian citizen? 
      A.             
      No. 
      Q.             
      Are you permanent resident of Canada? 
      A.             Am 
      I? 
      Q.             Do 
      you have any permanent residency in Canada? 
      A.             
      No. 
      Q.             
      When did you enter Canada? 
      A.             
      The 6th of August. 
      Q.             
      Where? 
      A.             
      Toronto. 
      Q.             
      What was your purpose for coming to Canada? 
      A.             
      Travel in the beginning, then to go to work. 
      Q.             
      What did you tell the Port of Entry you were going to do in Canada? 
      A.             
      That I came to visit. 
      Q.             
      Just to visit? 
      A.             
      Yes. 
      -                
      Okay. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      You did not reveal you were coming here to... 
      A.             
      No. 
      Q.             
      ...engage in employment? 
      A.             
      No. 
      Q.             
      Why not? 
      A.             
      Because in the beginning when I came I didn’t thought that I’m going to 
      work.  I thought (inaudible) in Canada because I'm student and I came only 
      for two months, and then I met one guy who told me about this law, and I 
      went to work and I didn’t thought from the beginning to come to work.  
      Because I was working as my money.  And then he told me about this, and I 
      thought why not.  I didn’t check this. 
      Q.             
      Did not you know before coming here that you... 
      A.             
      Coming to work, no. 
      Q.             
      That there was, this activity going on in Canada... 
      A.             
      No, I heard about. 
      -                
      There is advertising being... 
      A.             In 
      Israel. 
      -                
      ...being made in Israel, yes. 
      A.             I 
      heard from people that came here.  They told me.  Now I don't need to 
      change everything. 
      Q.             
      You had not seen that ad before? 
      A.             
      Because didn't thought about coming to work because I was working in 
      (inaudible) Service in Israel while studying.  And I thought to myself, 
      okay, this is too much, I'm going to come on vacation.  I will come for 
      two months, and then my boyfriend also will come to join me.  And that's 
      it.   And then I heard about this here.  I met one Israeli guy and he told 
      me about this thing that they doing and I thought to myself why not. And 
      it was a big mistake, excuse me. 
      Q.             
      And you intended on departing Canada at which date? 
      A.             
      With my boyfriend (inaudible). 
      Q.             
      When were you originally scheduled to depart Canada? 
      A.             
      We're supposed to be on 20 October, on the 20 of October because I'm 
      starting my school on 26th. 
      -                
      Okay. 
      A.             
      So, my (inaudible).  So until the end of summer vacation. 
      -                
      Okay. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      Q.             
      Who is, there's a note left Shara. 
      A.             
      Shahaman (phonetic), this is the Israeli guy that I met. 
      Q.             
      Okay, when did you meet him? 
      A.             In 
      a bar.  He told me about this thing. 
      Q.             
      Why did you come to Ottawa? 
      A.             
      Because I started in Montreal and... No, I started in Toronto, and then I 
      went to Montreal, and then to Ottawa, and I thought to go after that maybe 
      to Vancouver and to keep on travelling.  And also to go after that to 
      North.  I can tell you, to see the Northern Lights in Alberta, in 
      Saskatchewan.  Just travelling in the big city in the beginning. 
      Q.             
      Did you know anybody in Ottawa? 
      A.             
      No, nobody.  I didn't know anybody when I came to Canada actually.  I know 
      this family here, a family. 
      Q.             
      Who’s Dan? 
      A.             
      Dan? 
      -                
      There’s note that you spent two weeks in Montreal at a friend’s house, 
      Dan. 
      A.             
      Ah, this is a friend from Israel that I spent with there.  I was staying 
      with Isabel house, in Isabel house, and also with my friend Dan. But he's 
      a guy I met also on the street.  I didn’t know him from Israel.  Like, you 
      know, Israeli people we always know one each other.  If you go on the 
      street and you just start to speak with people and that's it. 
      -                
      All right. 
      Q.             
      Now, when did you start to work in Ottawa? 
      A.             I 
      don't remember the correct date.  
       
      -                
      Approximately. 
      A.             
      Around two weeks ago, something like that. 
      Q.             
      And what did you do? 
      A.             
      Like it's written. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      I’m sorry? 
      A.             
      Like it's written, selling (inaudible). 
      -                
      Okay. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      Q.             
      And how many did you sell? 
      A.             I 
      don't know exactly how much. But I can tell you how much I believe around, 
      like around eight-hundred (800), six-hundred (600). 
      Q.             
      Eight-hundred (800) dollars in total or per week? 
      A.             
      No, per week. 
      Q.             
      Did you have an employment authorization? 
      A.             
      No. 
      Q.             
      Did you apply for an employment authorization? 
      A.             
      No. 
      BY 
      MEMBER (to person concerned) 
      Q.             So 
      you were making between six-hundred (600) and eight-hundred (800) dollars 
      a week? 
      A.             
      Yeah. 
      Q.             
      You were doing good? 
      A.             
      (inaudible). 
      -                
      You were doing good. 
      A.             
      Yes. 
      -                
      You're a good saleswoman. 
      A.             
      Actually I didn't do it for the selling, but it was important. 
      Q.             
      I'm sorry? 
      A.             I 
      didn't do it for the selling because I thought about something else.   I 
      didn’t do it for the money actually. 
      -                
      No, no, yeah, yeah. 
      Q.             
      But I mean it was easy for you to sell those paintings? 
      A.             
      Yes, because I can explain about art, and I know a lot about art because 
      I’m offering art in Israel my country. So (inaudible), and like I said in 
      the beginning my main idea wasn’t to sell them. My main idea was to come 
      to people and talk to them about the thing that I know, to give them maybe 
      a small knowledge about art, what I’m doing. And (inaudible) because this. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      Q.             
      Were these your paintings? 
      A.             
      No, no. I’m doing my own painting in Israel. I’m doing my own art. 
      
       
      BY 
      MINISTER'S COUNSEL (to 
      member) 
      -                
      Those are all the questions I have for her. 
      A.             
      Okay. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      -                
      Now, sir, could you please state your name for the record. 
      A.             My 
      name is Amit Yehudai, Y.E.H.U.D.A.I. 
      Q.             
      Okay.  You have any other names? 
      A.             
      No. 
      Q.             So 
      what is your date of birth? 
      A.             
      Sixth of August 78. 
      Q.             
      Sixth of August? 
      A.             
      Seventy-eight. 
      -                
      Okay. 
      Q.             So 
      where were you born? 
      A.             In 
      (inaudible). 
      Q.             
      What is your citizenship? 
      A.             
      Israeli. 
      Q.             
      Are you a Canadian citizen? 
      A.             
      No. 
      Q.             
      Are you permanent resident of Canada? 
      A.             
      No. 
      Q.             
      When did you enter Canada? 
      A.             
      Fifth of August. 
      Q.             
      Where? 
      A.             
      Toronto. 
      Q.             
      And what did you tell the Port of Entry your purpose of coming to Canada 
      was? 
      A.             
      For visiting. 
      Q.             
      And what was your purpose of coming to Canada? 
      A.             My 
      purpose was to see (inaudible) 
      Q.             
      Had you met before? 
      A.             
      Yes. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      Where? 
      A.             In 
      Toronto. 
      Q.             
      You've been here before? 
      A.             
      (no verbal reply) 
      Q.             
      When was that? 
      A.             
      Probably two years ago. 
      Q.             
      Two years ago? 
      A.             
      (no verbal reply) 
      Q.             
      Have you kept in touch over the past two years? 
      A.             
      (no verbal reply) 
      BY 
      PERSON CONCERNED-MS. SOFER 
      (to member) 
      -                
      Sir, (...inaudible...) 
      A.             
      Yeah. 
      -                
      I'm sorry. 
      BY 
      MEMBER (to person concerned) 
      Q.             Do 
      you know each other? 
      A.             
      (Ms. Sofer) (inaudible). 
      Q.             
      You’ve travelled together? 
      A.             
      No. 
      Q.             
      You arrive on the same day? 
      A.             
      Yes.  We met in the airport, sir. 
      -                
      Okay. 
      A.             
      And then (inaudible). 
      -                
      Okay. 
      BY 
      MINISTER'S COUNSEL (to person concerned-Mr. 
      Yehudai) 
      Q.             
      Who met you at the airport? 
      A.             
      Who met me, Roy. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      I'm sorry? 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      Q.             
      Roy? 
      BY 
      MEMBER (to person concerned) 
      Q.             
      You met Roy Maniato? 
      A.             
      Yes. 
      Q.             At 
      the airport. You knew him? 
      A.             I 
      knew him from Israel but in another situation. 
      Q.             
      Why was he at the airport to meet you on arrival? 
      A.             
      No, he was just picking me up and then I went to Montreal. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      Q.             
      Did he take you to Montreal? 
      A.             
      What? 
      Q.             
      Did he take you to Montreal? 
      A.             
      No, I rented a car. 
      Q.             
      How long did you stay in Montreal? 
      A.             
      Like one month, something like that. 
      BY 
      MEMBER (to person concerned-Ms. Sofer) 
      Q.             
      Have you also got picked up at the airport by Roy Maniato? 
      A.             
      No. I went, I took a taxi because I didn't know where. I took a taxi to 
      hotel, and then Amit came to the hotel, and that I arrived, (inaudible).  
      And then it was after I came with him to Montreal. 
      Q.             
      With Roy? 
      A.             
      No, with Amit. Because I didn't know (inaudible). 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned-Mr. Yehudai) 
      Q.             So 
      Roy picked you up at the airport and you went back to his house? 
      A.             
      No, to hotel. 
      Q.             To 
      his hotel? 
      A.             
      Not this hotel. I look (...inaudible...) hotel next to the airport. 
      A.             
      (Ms. Sofer) I can, if (inaudible) to talk, or you can check also on the 
      ticket.  I can and I went, nobody came to pick me. I took a cab to one 
      place that my friend that she was travelling, she told me to go in 
      Toronto. That it's a very good place and a cheap one. And then Amit also 
      came to this place.  And then the day after we went together to Montreal. 
      Q.             So 
      you just met in the airport, or you met at the hotel? 
      BY 
      MEMBER (to person concerned-Ms. Sofer) 
      Q.             At 
      the hotel, not at the airport? 
      A.             
      Yes, at the airport. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned-Ms. Sofer) 
      Q.             So 
      you just went to Montreal then? 
      A.             
      Yeah, because, you know, I didn’t know anybody, so he said that he was 
      going to Montreal, so I went. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned-Mr. Yehudai) 
      Q.             
      All right, so you went to Montreal and visited your girlfriend? 
      A.             
      Yes, my girlfriend. 
      Q.             
      And that was your reason for coming to Canada? 
      A.             
      Yes. 
      Q.             
      What was your… why did Roy pick you up? Did you contact him before you 
      were coming to Canada? 
      A.             It 
      was like, like it you said about the advertisement, something there in 
      advertisement. So it was like kind of, like an option, like an 
      (inaudible). 
      Q.             
      Okay, so you had answered the ad in Israel? 
      A.             
      What? 
      Q.             
      You called the ad in Israel? 
      A.             
      Yes, yes.  I just want, you know, it was like my summer vacation, I like 
      to travelling, so I called them to say an option. Maybe it could, you 
      know. This could be just an option. 
      Q.             
      And when did you find out Roy was involved? 
      A.             I 
      didn't know that Roy. They told me like okay, if you want, you can come, 
      some guy named Roy will wait for you. That's it. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      The person you talked to told you... 
      A.             
      No... 
      Q.             
      ...told you could come and a person by the name of Roy ... 
      A.             
      Will pick me up, exactly. 
      Q.             
      ...will pick you up... 
      A.             
      Exactly. 
      Q.             
      ...at the airport? 
      A.             
      Exactly, because this kind of service they offer. 
      -                
      Yeah. 
      A.             
      Like small (inaudible) for you like when you come. 
      -                
      Uh-hum. 
      A.             
      But then the first and the main reason I came (...inaudible...) and I told 
      him I go to Montreal and I need to think about it like this, to see if I 
      want to go. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      Q.             
      But he was picking you up, but you knew that a person that you had 
      contacted about work was picking you up at the airport? 
      A.             He 
      pick me up. 
      -                
      Okay. 
      Q.             So 
      at the Port of Entry did you mention that you were going to be meeting 
      with a future employer? 
      A.             He 
      wasn’t my employer. I met him also in Israel. He was my friend. I didn’t 
      know. They told me Roy, but I knew him from Israel two years ago. When I 
      talked with him... 
      Q.             
      When you knew that they told you that someone from their work would pick 
      you up at the airport and meet you, is that correct? 
      A.             
      Yes. 
      Q.             
      Okay, and his name was Roy? 
      A.             
      Yes. 
      -                
      You didn't know you knew him before. This is somebody named Roy that 
      picked you up at the airport and he was involved in selling paintings, 
      okay. 
      A.             
      This is true. 
      Q.             So 
      when you came to the airport and the Port of Entry person said why are you 
      here, you said? 
      A.             
      For visiting. 
      -                
      Okay. 
      A.             
      But I want to explain something. When he picked me up I wasn’t like in a 
      status of a (inaudible). I told him also in the beginning that I come for 
      Canada for my reason, and if it’s like, if I can combine go with him then 
      it’s okay. But my reason coming was to see the (inaudible). So when he 
      picked me up, it wasn’t like he picked up to work. He picked me up like 
      this service, like this company like it’s doing like a favour for you.  
      They can (inaudible) you want to do. They treat you nice. So, you know, 
      it’s like kind of (inaudible). 
      Q.             
      How much did you make selling paintings? 
      A.             
      Like six-hundred (600), seven-hundred (700). 
      BY 
      MEMBER (to person concerned) 
      Q.             
      When did you start selling paintings? 
      A.             
      What? 
      Q.             
      When did you start selling paintings? 
      A.             I 
      sell frames not paintings. 
      Q.             
      I’m sorry? 
      A.             I 
      sell frames not paintings. 
      Q.             
      When did you start selling frames? 
      A.             
      After like (...inaudible...) 
      Q.             
      How long after you had arrived? 
      A.             
      Like three weeks and a half, something like that. 
      Q.             
      And in which city have you sold those frames? 
      A.             In 
      Ottawa. 
      Q.             
      Here only, not in Montreal? 
      A.             
      Not in Montreal. 
      BY 
      MINISTER'S COUNSEL (to 
      person concerned) 
      Q.             
      When did you meet up with Roy again? 
      A.             
      After I had no contact with him, and I came Toronto. 
      Q.             
      Did you have an employment authorization? 
      A.             
      (inaudible). 
      Q.             
      Did you ever apply for employment authorization? 
      A.             
      (inaudible). 
      Q.             
      Pardon? 
      A.             
      No. 
      BY 
      MINISTER'S COUNSEL (to 
      member) 
      -                
      I have no further questions. 
      A.             
      Thank you. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      Mr. Yehudai, ... 
      A.             
      Yes. 
      Q.             
      ...where is your girlfriend living? 
      A.             My 
      girlfriend? 
      -                
      Yes. 
      A.             In 
      Montreal. 
      Q.             
      Where?  What's her address? 
      A.             
      It's Rue Cuvillier. 
      Q.             
      I'm sorry? 
      A.             
      Rue Cuvillier. 
      -                
      Would you spell that out for me. 
      A.             I 
      don’t know the spelling in French. It’s Rue Avenue East Cauvillier, it's 
      C.A.U.V.I.L.L.E.R. Rue Cauviller it’s near Sherbrooke. 
      -                
      Okay, she is in the back of the room, I’ll ask her. 
      BY 
      OBSERVER (to member) 
      -                
      La rue Cuvillier. 
      A.             
      Cuvillier. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      Okay, is she living alone there or with her parents or? 
      A.             
      No, she live alone. 
      -                
      Alone. 
      Q.             Is 
      she employed, would you know? 
      A.             
      Yes. 
      Q.             
      What does she do for a living? 
      A.             
      She work in a bookstore, in a bookstore. 
      Q.             In 
      a bookstore? 
      A.             
      Yes. 
      Q.             Is 
      full-time employer? 
      A.             I 
      don’t know what is the status, but I think so. 
      Q.             
      Was she working five days a week? 
      A.             
      Five days, yes, four or five days. 
      -                
      Four, five days a week, okay. 
      Q.             
      And was she working during the time you were at her place? 
      A.             
      Yes. 
      Q.             
      She was? 
      A.             
      ... 
      Q.             
      She didn’t take any holidays? 
      A.             
      She had sometimes like three days off so we could be together. But 
      otherwise when she’s working she work like from ten to six or nine to ten. 
      So still we have the day. 
      -                
      Uh-hum. 
      A.             
      And sometimes I go to meet her at her work (inaudible). 
      Q.             
      I'm sorry? 
      A.             
      Sometimes I go to meet her at her work and (inaudible). So then 
      (inaudible). 
      -                
      Yeah, okay. 
      Q.             
      And when you came to Ottawa in order to engage in employment did she come 
      to Ottawa with you? 
      A.             If 
      she come with me? 
      -                
      Yeah. 
      A.             
      No, I go on the weekends to Montreal. 
      Q.             In 
      a weekend, during the weekend? 
      A.             
      Yes. 
      -                
      Yeah, okay. 
      BY 
      MEMBER (to Minister's counsel) 
      -                
      Madame Powell, I’d like to hear you with regards to the misrepresentation 
      allegation concerning both of them. 
      A.             Of 
      what Ms. Sofer has told us… 
      Q.             
      I’m sorry? 
      A.             
      From what Ms. Sofer... 
      -                
      Yes. 
      A.             
      ...has told us today... 
      -                
      Yes. 
      A.             
      ...she basically says that she came to Canada and within a few short hours 
      met up with someone. They both went to Montreal the next day. A few weeks 
      later they end up in Ottawa not knowing that they would end up in Ottawa, 
      I don’t believe, together. She says that she knew nothing about this, 
      about this painting before she came to Canada. She met somebody on the 
      street who told her about it. And yet she would have been driving in a car 
      the day after she arrived with someone that was very knowledgeable about 
      it all the way to Montreal. 
                      I 
      find that what she said today that she came to travel, and that she just 
      basically meet people on the street and move in with them. Difficult to 
      believe in 2004, and I don't believe that her only purpose to come to 
      Canada was to solely travel and would like to see her described as 
      misrepresentation, as well as (inaudible).   
       
                      
      In terms of... 
      -                
      Hold on a second. I'll give her immediately an opportunity to respond. 
      BY 
      MEMBER (to person concerned) 
      Q.             
      You’ve heard what Madame Powell said? 
      A.             
      What can I do now? I did something wrong. I know that I did something 
      wrong. In the end the most important thing that I did something wrong. The 
      most important thing if I would say that I come to visit, nobody would 
      believe me because everybody is looking on the last thing, the last thing 
      was very terrible, is very wrong. And I can understand why she find it 
      hard to believe me. I can understand her and I respect what she’s saying 
      because it sound to her very strange and she don’t know how the Israeli 
      people like us how we talk to one each other. When we see one people in 
      the street and just start talking one to each other. So, but the main 
      important thing is that I did something wrong and I know it. 
      -                
      Okay. 
      BY 
      MEMBER (to Minister's counsel) 
      -                
      As concerns Mr. Yehudai. 
      A.             
      Mr. Yehudai had contacted this company before he left Israel. He had 
      agreed to have someone from the company pick him up at the airport. 
      Someone who he says that he later found out he already knew and someone 
      that was very involved in the painting business.  I find it difficult to 
      believe that he didn’t have at least some plan to take part in working 
      when he came. And I believe that although it may not have been his main 
      reason, certainly it was part of... part of what he planned to do here, 
      and I believe that he should be described for misrepresentation 
      (inaudible). 
      BY 
      MEMBER (to person concerned) 
      -                
      Yes. 
      A.             
      Regarding what she say, quite agree with, you know, just want to say it 
      again that like she said the main reason come was not for work. I didn’t 
      talk before about the work. It was only like an option, possibility. 
      Because I’m a student. And then the thing that they pick me up, you know, 
      it's like to save the twenty-five bucks for the taxi, which for me it’s 
      not worth it. And that’s it till I come to Montreal. I'm not saying after 
      I work, and (inaudible). That’s it. 
      -                
      Ms. Sofer and Mr. Yehudai, you have both testified during the course of 
      the admissibility hearing. Your testimony, firstly, permits me to conclude 
      that you have no right to enter and/or remain into Canada given that you 
      are not Canadian citizens nor permanent residents of Canada. You both are 
      citizens of Israel by birth in that country. 
                      
      You have both testified having arrived in Canada on the 5th of August 
      2003, at Toronto.  And you have both subsequently engaged in employment 
      without having first obtained the written authorization from the 
      Immigration Department. You were selling paintings, and frames for you, 
      Mr. Yehudai, and received a commission as a remuneration. You earned just 
      between six to eight-hundred dollars per week. 
                      
      So obviously there's an allegation that has been established in that you 
      contravened the dispositions of paragraph 41(a) of the Immigration and 
      Refugee Protection Act in that on a balance of probabilities there are 
      reasons to believe you are a foreign national who is inadmissible for 
      failure to comply with a requirement of the Act. That was the 
      requirement of obtaining a written authorization before engaging in 
      employment. 
                      
      Now, there was another allegation in both cases to the effect that you 
      would also be inadmissible into Canada by reason of having exercised, 
      whether directly or indirectly, a misrepresentation relating to a relevant 
      matter which induced or could have induced in error in the administration 
      of the Act. 
                      
      Now, you have testified, Ms. Sofer, that you had no clue of this working 
      activity before reaching Canada. That you have learned about this once in 
      Canada, and then decided to engage in employment. But I'll come back on 
      your testimony at a later time during the course of this decision. I want 
      first to turn to Mr. Yehudai who said that prior to his coming to Canada 
      he had seen an ad in a newspaper and contacted a person. He was explained 
      what the work was all about and has agreed to meet a person at the airport 
      on the day of his arrival. So a representative of the company was there by 
      the name of Roy, but it happened that he was someone he already knew for 
      some years. He didn't know at first that Roy would have been the person he 
      knew for some years. 
                      
      So, I do not know if I'm going to believe that part of his testimony. But 
      if I were to believe it, what I realize is that Mr. Yehudai contacted the 
      company, inquired about what was involved as a work, agreed to be met the 
      very day of his arrival in Canada. And notwithstanding the fact he is 
      trying to convince me that the only reason for his coming to Canada was to 
      pay a visit to his girlfriend. His girlfriend lives in Montreal and three 
      weeks after his arrival he moves to Ottawa and engage in employment for 
      that person called Roy who is acting as a supervisor, and his girlfriend 
      stays in Montreal where she is fully employed and had no holidays but is 
      returning every weekend to see her. So I would say that we might be 
      playing on words here, Mr. Yehudai, when you say that the main reason for 
      your coming to this country was to see your girlfriend. 
                      
      Well, I may use the same tactic here. It might have been true that the 
      major reason for your coming was to see your girlfriend, but there was a 
      secondary and a complementary reason to your coming, which was to make 
      money during your stay by working in Canada. Otherwise you would not have 
      prior to departing Israel contacted the company in order to see what 
      involved the work you could perform while visiting Canada. So I believe in 
      all likelihood that you had the intention, even it is true to say you were 
      coming here first to see your girlfriend at the same time you had the 
      intention of engaging in employment which you have not revealed. So I find 
      the second allegation has been established. 
                      
      Now, as concerns Ms. Sofer, there are very strange coincidences in that 
      she arrives here on the same day that Mr. Yehudai, though on a different 
      flight, and she happens to meet also Mr. Roy because she met Yehudai at 
      the hotel where she went. And quite curiously  it is the same hotel where 
      Roy brought Yehudai when he picked him up at the airport.  And you happen 
      to travel to Montreal together, and you happen to be now working both of 
      you for the same Roy. 
                      
      So I think I can conclude on a balance of probabilities, I might be wrong, 
      but I’m looking at the odds, and when examining all these facts, I 
      conclude on a balance that your coming into Canada was not only to do 
      tourism, but while doing tourism, work at the same time to maybe make some 
      bit of money to help your tourist visit. So I find this allegation to have 
      been also established. 
                      
      So I’m ordering in both of your cases exclusions from Canada, and you are 
      prohibited from coming back to this country for a period of two years. If 
      you want to come back to Canada within that two year period, you first 
      present yourself to a Canadian Embassy and ask for the written consent of 
      the Immigration Minister. So a Canadian visa officer will examine the 
      reasons why you want to come back here, and if he finds you have valid 
      reasons for coming back and you are acting out of good faith, then you'll 
      be issued the special consent. 
      A.             
      (Ms. Sofer) Just a question, sir. 
      -                
      Yes, you can. 
      A.             
      Maybe you can give me two years and Amit only one year because, sir, maybe 
      we don't know but it's the law, you know. 
      -                
      No, no, no, that is the law. That is two years for each of you. I cannot 
      give you one of his years. 
      A.             
      Why not, sir? 
      -                
      No, no, I can’t. That’s how it goes. 
                      
      Today’s hearing is now terminated. |