The parents of a Chinese immigrant are suing Ottawa over the death of their mentally ill son, who was unrepresented at his admissibility hearing and killed himself hours after he was issued a deportation order.

For a dozen years, Shiming Deng’s elderly parents in Beijing have been trying to piece together what happened to the new immigrant prior to his death. They accuse Canadian officials of “intentionally or recklessly” disregarding his mental illness when processing his removal from Canada, claims the government denies.

In their multimillion-dollar civil lawsuit now before the Federal Court, the family alleges Deng’s suicide was the result of stress caused by the proceedings and the negligence of officials at an Immigration and Refugee Board tribunal and the Canada Border Services Agency.

“Like the Chinese saying goes, our heaven has collapsed. It’s been hell since Shiming’s death,” his father, Qianhui Deng, told the Star. “He was our only child.”

Both Immigration Canada and Canada Border Services Agency declined to comment on Deng’s case. In its statement of defence, the government says it is not responsible for Deng’s death, arguing that the admissibility and deportation process was clearly explained to Deng and he chose not to retain a lawyer.

The government has asked the court to dismiss the case, saying the family has failed to show there is a causal link between the admissibility hearing and his death “other than the timing.” A hearing is scheduled in spring.

According to the submissions by lawyers for the federal government, Deng arrived in Vancouver in August 1999 as a foreign student, but sought asylum two years later, claiming he feared persecution in China as a practitioner of Falun Gong, a spiritual movement banned by Beijing.

His immigration records indicated he was granted asylum in 2002 and later became a Canadian permanent resident.

In 2004, Deng was admitted to the Forensic Psychiatric Hospital in Coquitlam, B.C., where he was diagnosed with schizophrenia, symptoms of moodiness and paranoid delusions after claiming he was pursued by the FBI and army, according to a doctor’s note cited in the family’s claim. He also wrote a letter to Immigration Canada saying that he made a false refugee claim, according to the government’s statement of defence.

Later that year, he was arrested and convicted of aggravated assault for an incident at a bar in Vancouver. He was sentenced to one day in jail with credit for the four months and 20 days he served in pretrial custody. The provincial court also ordered him to “take reasonable steps” to treat his schizophrenia and not to commit further offences.

It wasn’t until 2005 at his return from a visit to his parents in China when he was flagged by an immigration officer at the Vancouver airport for his criminal conviction and alleged fraudulent asylum claim. The admissibility proceedings ensued.

On Nov. 22, 2005, he was found dead by a roommate in their shared living room with his immigration documents and a deportation order by his side, just hours after his immigration admissibility hearing. He died of an overdose of diphenhydramine, a drug used to relieve symptoms of allergies.

The refugee board would not comment on Deng’s case.

The board’s guide to proceedings requires an adjudicator to designate a representative for someone who is unable to appreciate the nature of the proceedings because of mental health or cognitive inabilities.

“Sometimes, the incapacity will not be apparent until the hearing, but more often than not, the minister’s counsel or the counsel for the person concerned will indicate that a designated representative may be necessary,” said the detailed guide that took effect in August 2005, three months before Deng’s death.

Deng was not represented by counsel at his first admissibility hearing on Nov. 14, 2005, but the government said the adjudicator with the immigration and refugee board clearly explained to him the proceedings and his right to appeal.

“He was afforded an additional opportunity to speak to or to retain legal counsel before proceeding. The (tribunal) member offered Mr. Deng a one month adjournment to speak to counsel, however, Mr. Deng elected to have his hearing a week later,” says the statement of defence.

On Nov. 22, 2005, Deng told the second hearing again that he did not need counsel and asked to voluntarily relinquish his permanent resident status and return to China, according to the government’s submission.

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The government argues the lawsuit should be barred in law because the family failed to exhaust the available judicial review remedies.

“Remedies, if sought and obtained in a timely manner, would have been a full and complete answer to any meritable complaints regarding processing of the related immigration applications,” says the government in its statement defence.

“In as far as (the plaintiff) failed to pursue those judicial review remedies, he failed to mitigate his damages, if any.”

The family is seeking a court order to grant Deng’s parents visas to visit their son’s grave on a yearly basis and grant honourable citizenship to their son, along with monetary compensation for damages.

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