A controversial immigration case in Toronto headed back before the courts Monday as the Costa Rican-born Lizano-Sossa family asked officials to put a deportation order on hold.

The family made national headlines this spring when their two teenaged children were pulled from school by immigration officials.

The family of Gerald Lizano-Sossa Jr. and his sister Kimberly are in court fighting a deportation order.
(CBC file photo)

Public outrage over the move forced officials to release the children and grant the family a deportation extension in May so 15-year-old Kimberly and 14-year-old Gerald Lizano-Sossa could finish the school year.

However, they are seeking a stay of the deportation order until their application for permanent residency on humanitarian and compassionate grounds can be heard.

Gerald Lizano-Sossa Sr., his wife and their two-year-old Canadian-born child arrived at the federal court on University Avenue Monday morning.

All family members have flights booked to return to their native Costa Rica this Saturday, but they are worried about returning to their home country.

"It's going to be terrible for us," said Lizano. "We have a life here now. We are here more than five years now."

The family's immigration consultant, MacDonald Scott, defended the family against accusations of trying to jump the immigration queue by saying the system failed the family.

"When people call these families queue jumpers, I would ask, 'Where is the queue?' We have no system for working people, skilled, trained working people to come into this country," he said. "It's damaging families like the Lizano-Sossas and it's damaging our country."

Since arriving, Lizano has started a construction company that now employs four others. His wife worked as a cleaner.

In 2001, the Lizano-Sossa family came to Canada on a visitor visa, then applied for refugee status claiming to be in danger from drug dealers if forced to return to their homeland.

When they failed to show up for a deportation flight in February, immigration officials pulled the two teenagers from school and held them, along with their mother, grandparents and Canadian-born baby sister, until their father turned himself in.

The judge is expected to issue a decision on Wednesday.