wfn.org | LCMS woman in Canada faces deportation, jail

[Worldwide Faith News <wfn@igc.org>]

The Lutheran Church--Missouri Synod
Board for Communication Services

LCMSNews -- No. 65
October 14, 2002

LCMS woman in Canada faces deportation, jail

By Bruce Kueck

A woman who is a communicant member of a Missouri Synod congregation in 
Canada is in danger of being deported and imprisoned in Iran because a 
Canadian immigration-authority judge doesn't believe she is a Christian.

"Nancy" (not her real name, to protect her identity), a refugee from Iran 
and a member of Ascension Lutheran Church, Montreal, is expected to be 
forced out of Canada as early as the end of October.

According to Rev. Harold Ristau, Nancy's pastor at Ascension, Nancy faces 
almost certain imprisonment and, possibly, death, if she is forced to 
return to Iran, where she, along with her husband, son and daughter, are 
considered apostate because they are considered to have converted from 
Islam to Christianity.

In broken English, her voice wavering with emotion, Nancy explained that, 
in Iran, she was not Muslim, but rather religionless.

"In Iran, they think everyone Muslim.  But, I never had God.  I was not 
really religious.  But, then this happened to my heart.  I believe Jesus 
died for me, just to save me."

Nancy's request for refugee status in Canada was denied earlier this year 
by Judge Helene Panagakos, who, during an immigration hearing in which she 
attempted to discern whether Nancy was a Christian, did not offer Nancy an 
opportunity for a fact-finding "appeal."

(Under the Canadian system for handling immigration claims, a hearing 
judge's ruling is usually final since the Immigration and Refugee Board has 
only limited authority to revisit its own decisions.  However, said Ristau, 
a judge has the option of granting an "appeal" in order to give a claimant 
additional time to bring forward information for the court to consider 
prior to rendering its judgment.)

Ristau says that the court's decision that Nancy is not a Christian seems 
to hinge on several points, including:

-- the judge's lack of familiarity with Lutheran beliefs and practices;

-- the question of whether Nancy was actually baptized;

-- the judge's rejection of Ristau's "expert" testimony; and, possibly,

-- Panagakos' own religious bias.

Panagakos, reached by phone in Montreal, declined to offer comment 
regarding the decision that she has rendered, saying it would be 
"inappropriate" for her to do so.

Nancy emigrated to Canada almost two years ago, claiming her life was in 
danger because she was a Christian "convert" in Iran. Ristau said it is 
legal in Iran to be a Christian but illegal to convert to Christianity.

Once in Canada, Nancy joined a nondenominational congregation, where she 
was baptized.  Later, after several months of Christian education by 
Ristau, she became a member of Ascension.

Meanwhile, Nancy's husband, son and daughter have stayed behind in 
Iran.  Her daughter, afraid for her safety, stopped attending university 
classes in Tehran and, for a while, went into hiding.  Now, says Nancy, who 
keeps in touch with her family via e-mail, the other family members are 
together again.  But, she said, they have had to break off contact with 
other Christians to avoid arrest.

According to Ristau, Nancy emigrated with the idea that, once she was 
established in Canada, she would arrange to bring her family out of Iran.

That dream is quickly fading.

Today, says Ristau, Nancy has only two legal avenues for avoiding 
deportation, and neither is considered likely to be successful.

First, Nancy has appealed Panagakos' decision through the Federal Court of 
Canada.  But, that's considered a long shot.  Besides, said Ristau, the 
appeal process is lengthy and will almost certainly be concluded long after 
deportation has occurred.

"In Canada, they [government] sort of have the idea that, `Well, if we make 
a mistake, we can always get her back,'" said Ristau.  "But, in this case, 
that won't work."

Second, Nancy has appealed through Canada's Pre-Removal Risk Assessment 
(PRAA) program, which will deal with the question of whether deportation to 
Iran would endanger her life.	The odds here, too, are against her since 
only 3 percent of those appealing through PRAA are granted refugee status.

Meanwhile, Ascension, which has about 65 in attendance on an average 
Sunday, is attempting to raise enough money to pay back an interest-free 
loan from a local women's shelter that is helping pay Nancy's PRAA related 
legal fees.

Regarding the points on which Panagakos' decision may have been rendered, 
Ristau addressed each in a complaint to the Immigration and Refugee Board's 
Refugee Protection Division:

-- the judge's lack of familiarity with Lutheran beliefs and practices -- 
Ristau wrote: "Panagakos continually confessed her ignorance about the 
Protestant religion though she was presiding over a case which required a 
more informed judge (i.e., she repeatedly stated, `Reverend, forgive my 
ignorance pertaining to the Lutheran/Protestant faith, but ... .)  At one 
point, I was even questioned as to how our church could be called 
`Ascension Evangelical Lutheran Church' even though we did not belong to 
the Evangelical Lutheran Church in Canada."

-- the question of whether Nancy was actually baptized -- In an interview 
with Reporter, Ristau explained that Nancy's baptism was an immersion 
baptism conducted in a swimming pool.

When Nancy was a catechumen at Ascension, she raised questions about the 
validity of her baptism, Ristau said.  Because she had done so, Ristau said 
he sent an e-mail to the nondenominational congregation's pastor to verify 
that the baptism was Trinitarian and involved the use of water.

"She [Panagakos] seemed surprised that I so quickly accepted her [Nancy's] 
baptism from another church," he said.	"We only investigate baptisms when 
there is doubt in the catechumen's mind.  She [Panagakos] seemed to think 
that I was investigating her [Nancy's] baptism because I did not believe 
her [Nancy]."

In his complaint, Ristau wrote:

"Panagakos seemed surprised that I did not `re-baptize' [Nancy]. ... 
However, we Protestant Christians accept all baptisms administered with 
water `in the name of the Father, and of the Son and of the Holy Spirit.' 
... I, as minister of Ascension Lutheran Church, was able to determine that
... [Nancy] was legitimately baptized.	It is a great insult to the Church 
Body of The Lutheran Church--Missouri Synod and sister synod Lutheran 
Church--Canada (LCC), that our manner of determining a valid baptism is 
being questioned by the court."

-- the judge's rejection of Ristau's "expert" testimony -- In his 
complaint, Ristau quotes from Panagakos' decision that "the Reverend may 
very well be satisfied that the claimant has converted to Christianity, 
however ... the panel is not."

Ristau takes exception, writing:

"Because the main task of my profession is to determine the validity of 
someone's Christian faith, my testimony should be accepted as truthful. ... 
[Nancy] is a communicant member of the Lutheran Church.  I personally took 
her through catechetical instruction.  She is one of our most active 
members; attends Bible study weekly, helps with our children programs and 
vacation Bible school, sets up the communion vessels, etc."

Panagakos' religious bias -- "I felt that the judge minimized my testimony 
in favour of her own doctrinal bias. ... I felt myself to be on trial 
during an unexpected examination of my credibility which lasted about 90 
minutes."

Letters were sent to the court on Nancy's behalf by LCMS President Gerald 
Kieschnick, LCC President Ralph Mayan, Missouri Synod SELC District 
President Carl Krueger and LCC East District President Allen Maleske.

The letters "failed to change the decision," said Ristau.

And, that means that, as each day passes, Nancy draws that much closer to 
prison.

"If you're forced to return to Iran, will you be arrested?" Reporter asked.

"Arrest?  Sure.  I will go airport to jail," said Nancy.  "But, I'm not 
going to ... [recant].	I find my God.	My language is not good.  But, how 
can I explain my joy, what I feel in my heart?	I know whatever happens, 
God's going to take care of me.  Jesus is my Savior."

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