Incident Reports

Canadian detained for 'violating immigration law' [updated]

2016-05-02

Bagmati, Kathmandu, Kathmandu

(updated) The Department of Immigration (DoI) has detained Canadian citizen Robert Penner for misusing his visa and violating the immigration laws. Penner had obtained a working visa for a sprout technology company, which was already dissolved in 2012, but working for Cloud Factory, a foreign outsourcing company, according to the DoI. A team from the Metropolitan Police Range, Lalitpur, had arrested Penner on Monday and handed him over to the DoI. DoI had requested police to arrest him. Director General at the DoI Kedar Neupane told Republica that he was brought to the DoI detention center for violating Nepal's immigration law. "He obtained a visa for working at an IT company but he was found engaged in making provocative statements that may jeopardize national integrity," said Neupane, adding, "Foreigners are not allowed to engage in such activities." He added that they will start the process to cancel his visa and deport him to Canada. A source at the DoI told Republica that they received complaints that Penner had been engaging in activities that could harm Nepal's national integrity. "We had to arrest him due to his suspicious activities and for misusing his visa," said the source. Penner would tweet in favor of the Madhes movement. He had also written controversial tweets about the arrest of journalist Kanak Mani Dixit.

update............. The Department of Immigration under the Ministry of Home Affairs today revoked the visa of a Canadian citizen and ordered him to leave Nepal within two days. Robert Penner, who has been living in Nepal for two years now, was arrested by police on the charge of trying to undermine the sovereignty and integrity of the country, and jeopardize social harmony through provocative messages, views, and comments on social networking sites, especially Twitter. He had obtained a work visa as an employee at Lalitpur-based Cloud Factory, an outsourcing company. The visa was scheduled to expire in December. The Metropolitan Police Range, Lalitpur arrested Penner yesterday at the request of the DoI and handed over the accused to the immigration authority for legal action under the Immigration Procedures, 2008. Bishwa Prakash Nepuane, director and information officer at the DoI, told The Himalayan Times that Penner was guilty of indulging in anti-Nepal activities and was ordered to quit Nepal within two days. “As per the DoI decision, Penner should fly back home no later than Thursday, or else the government will initiate further action against him. We handed him over to the Consulate of Canada in Kathmandu, giving him two days for ticketing and other preparations,” said Neupane. According to him, Penner was also disqualified from re-entering Nepal in 2016. “The government may consider granting him a visa on the basis of his activity and attitude toward Nepal after 2016,” informed Neupane. Penner was critical of the Government of Nepal, internal affairs of the country, and the prime minister, said the officials.

update............ The Supreme Court has summoned the defendants and the petitioner to discuss a stay order in deported Canadian citizen Robert Penner’s case within three days. A single bench of Acting Chief Justice Sushila Karki on Monday issued the order in response to a petition filed by Advocate Dipendra Jha against Penner’s expulsion on the charge of inciting “disharmony through social media”. The Home Ministry had, on May 3, ordered Penner to leave Nepal within two days. Principal scientist at Cloud Factory, an IT company, Penner commented on Nepal’s political issues and engaged in debate with Nepali writers and journalists on social media. The apex court has asked the Immigration Department for reasons to detain him and cancel his visa. Due to the lack of time, Penner was also deprived of a fair trial. Proponents of freedom of expression have voiced dissatisfaction at the government’s move while many have appreciated it. The court will make give its verdict after hearing from both parties. Penner has already left the country.

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