Jul. 24, 2004. 09:20 AM

Royson James

Refugee wins a reprieve: Ugandan woman who says official raped her won't be deported
`I felt like I was dreaming,' says grateful mother


NICHOLAS KEUNG
IMMIGRATION/DIVERSITY REPORTER

Immigration Minister Judy Sgro has granted a reprieve in the deportation of a refugee mother who claims to have been repeatedly raped by a Ugandan military official.

Miriam Kutesa, who was to be sent back to Uganda yesterday, received a last-minute call from the minister's office Thursday and was told she has a two-year permit to stay in Canada as a temporary resident.

A work permit is also in the mail, the 26-year-old woman was told, so she can continue her employment as the production manager of a Toronto skin-care product manufacturing company.

Immigration officials said Kutesa can apply to be a permanent resident at the end of the two years if she can prove "she is established and fully employed" in Canada.

"It felt like I was dreaming," said Kutesa, who came to Canada in November, 1999.

"I'm so relieved and excited. Life had been a nightmare (for my family) in the past few years."

The minister's reprieve means that Kutesa's family won't be torn apart — for now. She was to leave her husband David Sewaya and two boys, Julian, 4, and Mark, 5 months.

Kutesa said she is grateful for Sgro's compassion and understanding, as well as for the intervention from Defence for Children International Canada, a children's rights advocacy group that has standing with the United Nations Committee on the Rights of the Child.

The group, along with the the Davenport Perth Neighbourhood Centre and Kutesa's MP, Mario Silva, wrote letters to the minister demanding a stay of the woman's removal.

"Canada is one of the best countries in this world that really cares. My family has received a lot of letters of support from the Canadian public.

"I just want to say, `Thank you, Canada,'" Kutesa said. "I will work very hard and be a contributing citizen, helping other people."

The Immigration and Refugee Board had rejected Kutesa's refugee claim despite expert testimony that confirmed her post-traumatic stress disorder and depression as a result of the rape, death threats and physical abuse by a 40-year-old military man in Entebbe.

The refugee board felt that Kutesa did not seek protection from the Ugandan government at the time of the assault and did not believe her assailant existed.

After the February, 2001 rejection of her refugee claim, Kutesa unsuccessfully tried to obtain a Federal Court review and permanent residency on humanitarian grounds.

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