Immigration authorities say they are still determined to deport an Israeli family who have sought sanctuary in a Newfoundland church basement.

A humanitarian application filed on behalf of the Portnoy family was rejected this week, just days after Angela Portnoy gave birth to the family's fifth child.

Angela Portnoy gave birth to a son Saturday, days before learning her humanitarian application to stay in Canada had been denied.
(CBC)

Portnoy said she intends to defy a 2004 deportation order and remain in sanctuary in the basement of a Roman Catholic church in Marystown, on Newfoundland's south coast.

The family's supporters believe the Portnoy application — filed by Halifax immigration lawyer Lee Cohen — was not given due consideration.

Joan Walsh, provincial manager with Citizenship and Immigration Canada, said while she cannot discuss specifics of the Portnoy case, every aspect of a person's situation is considered when he or she applies to stay in Canada on humanitarian and compassionate grounds.

"Sometimes it's because they find it difficult to live in their home country for other reasons that wouldn't make them meet the definition of a refugee," Walsh said.

Planning strategy

Cohen said Friday he has yet to learn any details of why immigration authorities declined the humanitarian application or why it was adjudicated in Moncton.

Cohen is planning to travel to Marystown on Sunday to meet with Portnoy and determine future strategy.

"This met all of the tests. It should have succeeded," said Cohen, who is considering an appeal to Federal Court. He is also considering direct appeals to federal politicians.

"We have to do everything we can to keep them here in Canada," Cohen said.

Angela Portnoy and her children have been living in the church basement since October. Her husband, Alexi Portnoy, was deported in January after he left the church and was detained by police on a suspected speeding violation.

Since 2003, the Portnoys have been living in Marystown. Many residents there have been supporting their bid and have described the Portnoys as hard-working and good neighbours.

A key element of the Portnoys' appeal is the future of the five children. Three of them were born in Canada, although Cohen emphasizes that three of the children require medical attention — including one for cystic fibrosis and another for language therapy.

Agency waiting

"If we thought the kids could live elsewhere … without any harm coming to the children, well, goodness, that's the way they would go," Cohen said.

Meanwhile, the Canadian Border Services Agency has confirmed it will not enforce the deportation order until it is ready.

This spring, the agency granted a reprieve to Angela Portnoy so that she could receive prenatal care — and deliver her baby — without fear of arrest.

That reprieve was set to expire Friday, but has been suspended for the interim as Portnoy recovers from an emergency caesarean section.

"We want them to concentrate on getting better, and if it takes six weeks, we don't want them to have to worry about being arrested or deported in that time," said Laurie Gillmore, a spokeswoman with the agency.

Gillmore noted that Border Services agents may enter a church at any time to arrest someone facing a deportation order.

However, she acknowledged that Canadian authorities have never done so.