DRUG-DEALER REFUGEE'S GAME

Drug dealer Eduardo Montenegro-Najera is playing the system.

Despite two convictions for trafficking, the 26-year-old Mexican is being
considered for refugee status.

He applied in June, just days after his second conviction for selling cocaine.

That means he stays in Canada until his refugee hearing -- which could take
up to a year.

"As a result of his convictions, he receives the deportation order," said
Immigration Canada spokesman Murray Wilkinson. "Because he made the refugee
claim, [the deportation order] was made conditional."

Two months after Montenegro-Najera applied for refugee status, New
Westminster police arrested him and found he was carrying a new set of
refugee papers, this time in the name of Eduardo Martinez-Hernandez.

"The only reason we caught him was one of our officers recognized him from
a March arrest, searched him and found new immigration documents in another
name," said Staff-Sgt. David Jones.

Police contacted social services and found "he was double-dipping under two
names for financial assistance" -- getting two welfare cheques -- Jones said.

Montenegro-Nejera is just one of a growing number of foreign criminals
using the refugee system to delay their removal from the country.

About 23 per cent of individuals removed from B.C. by Immigration Canada
last year were criminals.

So far this year 35 per cent of individuals removed have been criminals.

But the removal is not always permanent.

Honduran Elmer Roberto Martinez-Castro was thrown out in June.

"He was not criminally admissible at the time," said Rob Johnston, manager
of enforcement for Immigration Canada in Vancouver. "He had outstanding
charges."

Immigration issued a departure order -- rather than a deportation order --
requiring him to leave. But Castro, 23, was back in the country, legally,
within two months.

"If they were ordered to leave under a departure order and left under the
conditions of that order, then there is not a prohibition for them coming
back," said Johnston.

Castro was arrested Sept. 25 and charged with trafficking in cocaine.

Like Montenegro-Nejera, he applied for refugee status and will remain in
Canada until his hearing.

"Immigration staff is frustrated with this side of the problem and trying
to work with it," said Johnston.

He said he has been assured that removing foreign criminals is "a very high
priority" for the immigration minister.

But Johnston wants to be sure genuine refugees are not caught in the net.

Alistair Boulton, chairman of the refugee section of the Canadian Bar
Association, opposes toughening the Immigration Act. The key, he says, is
to deal quickly with cases involving criminals.

"Where people are coming, systematically abusing the system, have no fear
of returning to their country, it is an abuse -- although I think an abuse
by a very small number of people -- and I think you can deal with that by
having those cases quickly dealt with."

The Immigration Review Board is trying to process all refugee applications
faster, said Gale Green-Davies, acting regional director of the board.

"We have changed the way we do business," she said. The board hopes to
process applications within six months.

Green-Davies admits a backlog must be cleared first.

Both Castro and Montenegro-Nejera are in custody and did not return calls
to their jails for interviews.

Checked-by: Mike Gogulski