Queer artist in Sudbury, Ont., terrified of consequences if he’s forced to return to India

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A queer artist in Greater Sudbury is facing deportation to India after the federal court rejected his appeal.

“I’m scared that it could be any day,” said Tarun Godara.

“Every weekday, I go and check my mailbox around 5 or 6, and it feels good not to have any mail in there.”

Godara has been fighting to stay in Canada for more than a year after he received a deportation notice from the Canada Border Services Agency in 2024.

“This is my home,” he said.

“I might not have been born here, but I have a family that has accepted me and leaving it is worse than going back to the family that brought me into this world.”

Godara was able to extend his stay thanks to a ruling by the federal court while his judicial review was being completed.

He has been living in Sudbury for more than eight years. He fled India after experiencing violence and assault due to his sexuality.

Recently, he found out that his review was rejected after a judge ruled that there was “insufficient evidence” that he would face persecution if he were sent back to India.

“I think there’s a high risk of deportation here for sure, given the timelines and where we’re at in the process,” said Mario Bellissimo, an immigration lawyer not representing Godara.

“Based on everything I’ve read and learned about the case, that would be unfortunate.”

Bellissimo said he’s seen an increase in cases involving Islamophobia, homophobia and antisemitism.

“It is a very perilous time in the world right now,” he said.

Immigrants being demonized

“I have to say, in nearly 30 years of doing this, this is probably the most, I would say ... where this demonization of large swaths of the population is at an all-time high. And it’s really disheartening.”

Bellissimo said that, despite various laws, homophobia is still very present in India.

“What you’re often facing in these situations is what is operational in the country of return versus aspirational. So sometimes the law is in place and they’re aspiring to do the right thing, but it’s not there yet,” he said.

Godara applied to stay in Canada on humanitarian and compassionate grounds in February 2024.

“Unfortunately, the filing of humanitarian, compassionate grounds application does not prevent removal,” Bellissimo said.

“The loss indicates that a decision can be rendered even if you’re outside of the country, which is fundamentally difficult because the whole point of a humanitarian, compassionate grounds application is that you’re in Canada. It’s your establishment. The hardship of return. So by actually affecting the return, it really minimizes the strength of the application.”

Will meet with Sudbury MP

Godara has appealed to federal officials many times for help, including Sudbury MP Viviane Lapointe.

“Like any constituent who comes to our office, we’re going to provide our support,” Lapointe said.

“We’re going to help. I’ll be meeting with Tarun, I think next week, where we’ll be discussing in greater detail his case and a path forward.”

In the last year, he funnelled a lot of anger and frustration into his art and was offered his own exhibition at the Art Gallery of Sudbury.

“I wanted to leave behind art. I did not want to be known for the immigrant who was facing deportation. I wanted to be known as the artist that I am,” Tarun said.

Godara’s friends have set up a GoFundMe account to help him pay for legal fees and living expenses, since he has not been allowed to work.

“I have everything I need, and to lose everything to be sent back to nothing. That is not a reality that I’m willing to accept,” he said.