An immigration case in which a Vaughan man was deported to Italy in 2010 after being declared ineligible for "serious crime" and "organized crime" leads to a dispute between the federal liberal government and members of the party old guard.
At the heart of the fight is Carlo Figliomeni, 50, who was convicted of gun possession in Italy in 1989 and had ties to the mafia a few years later. As a result, he was relieved by the Italian Mafia Association.
In late 2016, after an assessment of the case, Immigration Minister John McCallum gave instructions to the Visa Bureau in Rome to grant Figliomeni a permit to return to Canada and a temporary residence permit to reunite with his Canadian wife and two children in Vaughan [p1
Sorbara, representing Vaughan-Woodbridge, assisted the family and wrote to Hussen to support the reunion of Figliomeni with his family.
"I firmly believe that the wellbeing of the family and, above all, the wellbeing of the children should be of the utmost importance and therefore reunification should be completed immediately," wrote Sorbara, who did not want to be interviewed.
"Mr. Figliomeni lived in Canada for almost 20 years and was not a suspect or accused of any criminal activity in Canada during those 20 years, during which time Mr. Figliomeni never had contact with police services or courts, according to former employers 'Neighbors and parishioners were spent all their time in Canada as exemplary citizens.'
According to the records of the admissibility procedure, Figliomeni arrived in Canada in January 1988 as a permanent resident. During a visit to his mother in Calabria the following year, he was arrested and convicted of illegal possession of weapons. He served a two-year, two-month house arrest and was fined a million lire – about $ 850 – before returning to Canada in 1991.
In 1993, on his arrival in Italy, he had confiscated another passport and was later charged with the admissibility records of association with the Siderno clan of the Mafia. The records also indicate that an Italian court ruled in 1997 that Figliomeni was "completely acquitted of the fact and act of any connection with organized crime". He presented the immigration court with a copy of a check from the Italian Treasury of 140,000 lire – about $ 115 – which he claimed as compensation for four years of unlawful imprisonment.
During the admissibility hearing in Canada in 2010, the court found that Figliomeni was a junior member of an international organized crime organization, even after the Italian condemnation of the mafia association was lifted.
Tribunal Adjudicator Mary Heyes accepted Det. Const. Alan Cooke of the York Regional Police testified that Figliomeni's group was involved in a bloody feud in the late eighties and early nineties with members of the Commisso Criminal Police against members of the Costa Crime family.
Cooke testified that the leadership of the criminal group includes Figliomeni's cousins and that one of his relatives, Riccardo Rumbo, was convicted of killing the newly arrived Italian immigrant Giovanni Costa outside his home in Thornhill in 1991.
"Detective Cooke testified that the Figlomeni is criminal She was involved in criminal activities such as money laundering, drug trafficking, drug import and export and stock fraud," Heyes wrote in her March 31, 2010 decision.
Heyes admitted that Figliomeni does not have a criminal record in Canada. She also found that the Italian Court of Appeal had guilty of cousin Tito Figliomeni's illegal possession of weapons, including assault rifles and stolen shotguns.
"I find no advice that these weapons would simply be used for hunting to be plausible," Hey wrote. "The rifles were found hidden in a hayloft and contained stolen shotguns and shotguns that had been disfigured or altered by deleting their registration numbers."
Heyes wrote that she considered Cooke's testimony more credible than Figliomeni's hearing: "I was in the wrong place at the wrong time."
"They said they found weapons, and I've never seen those weapons," said Figliomeni before his deportation, according to the court ruling. "But they put these weapons on me, that's the story, and maybe things were happening in the country, in this country at that time, and they could not arrest anyone, then they took us – they took me and they did that, we did
He accused the Italian police of having forged, counterfeited and falsified evidence.
"They also made the fingerprints," he told the Immigration Department.
"Hast Ever wondered how this rocket launcher got into your father's house? Figliomeni said:
He described a weapon that the police called a rocket launcher as a simple signal pistol or flare gun that is used in Italy to record such events He testified that every contact he can. Www.mjfriendship.de/de/index.php?op…27&Itemid=47 Hayes has found that Cooke is in his notes after a meeting With Figliomeni in 2005 he wrote: "He said he was a member of an organized crime group member of the crime group Figlomeni / Siderno Crime Group bu. At that time he was very young. If you are asked to hide weapons or something else, do it. If you are in the family, you are in the group (Crime Group).
In an interview, Figliomeni's wife, Marisa Ferrigno, said her husband was always with Canadian border officials in advance of these charges when asked why he had been away from Canada for so long, returning to Canada in 1999 and applying in 2003 Canadian citizenship, as immigration officials scrutinized his criminal records in Italy, and Canada Border Services Agency initiated an admissibility trial against him in 2008.
Both Karygiannis and Nunziata criticize the liberal government's flip-flop regarding Figliomeni
] "Even hypothetically he is guilty, he has served his time. It is up to this minister to step forward and say" yes. " McCallum signed that before leaving. When that minister took power, things simply fell on the wall, "said Karygiannis, who left federal state politics in 2014 and is now a Toronto City Councilor.
" I have to crack down on that be (current). Immigration Minister. On Valentine's Day he made an announcement about the sponsorship program. He said reunification was a human thing. He said he wanted to make sure that families do not need to be separated unnecessarily, "said Nunziata, who served as a Liberal Member of the York South-Weston Riding for three years until 1997. He became an independent MP after he served was thrown out of the party because he voted against a liberal budget.
"Give me a break. Hussen is fully acquainted with this case, but inexplicably, when he became a minister, he recanted the decision of a true liberal, McCallum.
Immigration Department spokeswoman Shannon Ker confirmed McCallum's signed instructions that Figliomeni's temporary residence permit had been canceled by Hussen after "further review and further consultation." A new application will be made by an officer in due course.
"The Government of Canada continues to take appropriate measures to safeguard Canadians' public safety and preserve the integrity of the Canadian immigration system, "Ker said in an interview
" The temporary residence permit is always granted at the discretion of the delegated authority and may be revoked at any time
Ferrigno, a primary school teacher, said she and her two children moved back to Italy after his deportation to Figliomeni in 2010, but the three had to return to Canada because they could not find a job and their children had difficulties to touch
She said the lawsuit to keep her husband in Canada and the trips to Italy to visit him have exhausted the family's financial resources, forced her to sell her house and move in with her family.
"It was a nightmare, I lost my husband, my family was destroyed, there is no peace and no reason anymore, everything has been taken away," said Ferrigno, 42.
The family also has Prime Minister Justin Trudeau Asked for help, but his office said it could not intervene because the immigration and refugee system was "independent and free of political interference."