Canadians waive removal fee for Libyan refugees stuck in Malta

The Canadian federal government has agreed to pick up the tab for a Libyan family that was welcomed back to Canada - after first being denied refugee status and deported to Libya - on condition that they pay $6,800 for their removal to Libya, where they faced torture.

Adel Benhmuda was brutalized at the hands of Libyan dictator Muammer Gaddafi's security forces when he was denied protection in 2003 in Canada, and was deported back to his home country in 2008.

His wife and four children are now living in Malta, where they escaped to after leaving Libya. In January they were told they could return to Canada after the citizenship and immigration department approved their new request for refugee status on humanitarian and compassionate grounds.

But last month the family learned they must settle the bill for their initial removal before visas would be issued.

"We're all obviously relieved and pleased that the minister has decided to do the right thing here," lawyer Andrew Brouwer said. "It's unfortunate that it has taken this long and the family has gone through such a gruelling story, but the fact that they are now heading home and, I think, this is the last obstacle, is great news."

Court documents show the family sought refugee status because Benhmuda's brother was an anti-Gaddafi activist which placed them all at risk of persecution. Immigration officials rejected their claim as non-credible in 2003, though it wasn't until 2008 that they

were finally deported.

They were taken in for questioning after arriving in Libya and while his wife and children were released, Benhmuda was imprisoned and tortured. He was released in December 2008. The family fled in January 2010 and eventually wound up in a refugee camp in Malta. They obtained refugee status there but faced difficulty finding work.

They applied again for asylum in Canada but their case was rejected in November 2011.

They won their appeal a year later after the Federal Court ruled immigration officials were biased against the family when they denied their pleas for asylum even after the torture incident. Canada's decision to approve their return came less than three months after the Federal Court ruling.

About 15,000 people signed a petition imploring the government to bring them back.

The family plans to return to Mississauga, where they lived previously.