|
|
| Subject: To Roy - H&C + Skilled Worker |
|
|
|
Hello Roy. I will really appreciate if you can help me out with some advise on my sisters immigration case. She came to Canada 3.5 years ago with her 9 year old son. She claimed herself a refugee in Canada and unfortunately the case was rejected(I know many people won´t believe this but she really had a serious problem back at home with her ex-husband that could´ve led to her death). She then apealed to the federal court and that was rejected as well. Now she is waiting for her H&C application result which is in queue at the Scarborough Office that might take another 3 years to process. She is a highly qualified woman with good educational background. She is a permanent employee at a Real state firm. She easily passes the skilled worker pass mark. So I told her to apply as a skilled worker to buffalo. She went to some lawyer and they actually discouraged her saying that the case would likely be rejected because of her refugee background in Canada, or she will be called for an interview(She will be in trouble if she has to leave Canada as re-entry will be hard, the U.S visa issue is also there). Do you think the refugee background is a big issue in skilled worker class category?
[17-09-2006,17:30]
[**.58.44.15]
Anonymous |
|
(in reply to: To Roy - H&C + Skilled Worker)
You may want to check with more than one lawyer. Try to understand the rationale behind the situation from each. What were the reason for rejection of claims earlier? You have not indicated that? Without these it is hard to say anything.
Also have you spoken to your local MP? If she has been a law abiding and successful immigrant the MP should not have a problem helping her. Also discuss the situation of the threat back home.
Yes, refugee status seems fishy while applying for points based immigration. However, if you have been honest about your situation there should be no problem. The fact that your case has been refused at two occassions does not help.
[17-09-2006,17:51]
[***.113.161.122]
Peter |
(in reply to: To Roy - H&C + Skilled Worker)
Dear Anonymous
First the reason your sister lost her refugee claim is credibility, correct?
There was a certain point or points that appeared illogical or difficult for the board member to comprehend. In my opinion being a former senior immigration officer who did many credible basis hearings for refugee claimants is that the vast majority of refugee claimants in my opinion are economic migrants who have problems but not severe enough to make them a refugee claimant.
Second she never ever filed an appeal! What her legal counsel filed was an (application for leave to appeal) average fee $2,300.00 and totally useless. Legal counsel has to show that the IRB board member erred in law by not allowing certain evidence to be addressed in her refugee hearing. Another decision maker has to over rule the IRB board member decision maker.
Understand that the MP will not really care because your sister is being given due process of the law and has legal counsel.
The refugee claim is over just like a real football game (soccer) the other team won 1-0!!!!! This will not be addressed again until the Pre Removal Risk Assessment.
Your SW application is the H&C arguement if a failed refugee claimant from another country can be approved quicker if both return home and understand that 80% of all visa posts in 1996 completed SW applications in 13 months and now 65 months. THAT IS YOUR ARGUEMENT!
What your ignorant (lacking in knowledge) Legal counsel should of done is file a simultaneous humanitarian and compassionate application based on IP5 section 6.7 & 6.8 see IP5 section 5.14 while she was going through the refugee claim so that it would be seen BY NOW. H&C applications will not prevent removal.
http://www.cic.gc.ca/manuals-guides/english/ip/ip05e.pdf
What you?re complaining about is the unusual and undeserved hardship not anticipated by the act and its regulations and is not your sister?s fault. Processing times see IRPA 3 (1) (f) consistent standard & prompt processing. What your sister has to do is update her H&C starting from the beginning and how the act was created see ?Building a Nation? Governments Response, 2000 Auditor General Report and look closely the AG never ever recommended regulation 11. LOOK AT THE 1998 STATISTICS WHEN THEY CLAIMED hONG kONG HAD SO MANY OFFSHORE APPLICANTS! Hong Kong was part of China in 1997 so the AG stats were wrong.
Which country is your sister from and see the SW processing times if any failed refugee claimant from any other country visa post has a faster processing time that is 6.7 IPRA 3 (3) (d) everyone has to be treated equally but your sister MAIN argument is disproportionate hardship.
Hope this explains things.
Roy
www.cvimmigration.com
[17-09-2006,23:36]
[**.55.216.15]
Roy |
(in reply to: To Roy - H&C + Skilled Worker)
Whoops I forgot
Counsels sumission on any H&C should be a minimum of twenty five pages because of IP5 section 5.24 the Onus is on the applicant to put forward any H&C factor they have. Its not the officers obligation to clarify or go looking for H&C factors.
Immigration officers do not want to hear anything about your sisters refugee claim because that is something they do not rule on.
Roy
[17-09-2006,23:47]
[**.55.216.15]
Roy |
(in reply to: To Roy - H&C + Skilled Worker)
Did you complete a Undertaking of Assistance for your sister and did your sister lawyer check off the box on the H&C supplementary form?
Roy
[18-09-2006,18:37]
[**.158.61.164]
Roy |
(in reply to: To Roy - H&C + Skilled Worker)
Thank you Roy for your reply. No I haven´t completed the undertaking of assistance for my sister. And yes you were right about my sister getting refused because of credibility issues. What we did after that is we went to a lawyer and he charged my sister $2000 for the leave of appeal case. It was rejected within a year. Then she changed her lawyer and filed an application for H&C. I am having a feeling that the H&C might not be as strong as it should´ve been(I don´t know what the main argument was. I think it will be something like facing hardship if she returns home. We are from Bangladesh by the way).
I was looking at the immigration sections that you were referring to. So I guess what you are saying is that we should resubmit the H&C file rather than applying under skilled worker? Thnx again for your answers.
[18-09-2006,21:54]
[**.58.44.15]
Anonymous |
(in reply to: To Roy - H&C + Skilled Worker)
I thought you already submitted the H&C application and the best option now is to update it to include the things that should of been in it in the first place! Her Visa Post is Singapore compare that with Lima Peru.
It is not that complicated.
COMPASSION IS COMMON SENSE!
Your sister has to step up to the plate herself and I have not heard from her.
What evidence is there on the Internet or on IRB site regarding spousal abuse and lack of enforcement in Bandladesh?
This is not the place to further discuss this because certain ......
Roy
www.cvimmigration.com
Roy
[19-09-2006,07:39]
[**.52.217.251]
Roy |
