DON'T BLAME BAD COUNSEL

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Subject: DON'T BLAME BAD COUNSEL
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Hiring a representative to assist in your application is sound advice. When you make the decison to hire a representative your obligation is to confirm references and to ensure the representative has experience in your type of situation. Would you hire someone to finish your basement who did not know which end of a hammer to use?

I know of some very good Consultants and Lawyers!
I know of some very bad Consultants and Lawyers!
I know of clients that only want to here that you can magically keep the applicant in Canada or get them to Canada!

The article below that appeared in a national paper across Canada was written by a Lawyer that I respect and like to call a friend. He is a smart business man too. I SEE ANOTHER SIDE TO THIS STORY FROM A CONSULTANTS EYES!

THE ONLY DIFFERENCE BETWEEN A AUTHORIZED REPRESENTATIVE (CONSULTANT-or-LAWYER) IS THAT ONLY LAWYERS CAN TAKE A CASE TO THE FEDERAL COURT.

Why was this case even taken to the federal court when any knowledgable representative would know that the chances of winning this case are near zero?

THE CLIENT WANTED THAT, THE CLIENT PAID! Sometimes representatives should refuse cases like this so that precedents are not sighted in future. IN MY OPINION THE FIRST COUNSEL WAS NOT WRONG TO FILE AN HUMANITARIAN AND COMPASSIONATE APPLICATION.WHO WENT TO THE FEDERAL COURT WAS WRONG! MOSTLY THE CLIENTS WERE WRONG TO WAISTE THEIR MONEY AFTER LOOSING THEIR ORIGINAL H&C APPLICATION.

"article"

Couple blamed bad counsel

The Federal Court recently ruled that the statements of a former immigration minister about a purported plan to regularize undocumented workers in Canada will not prevent the execution of lawful removal orders.


Jefferson and Marcia Vieira entered Canada as visitors in 1998 and remained here after their status expired. In 2003, this Brazilian couple applied from within Canada for permanent residence on humanitarian and compassionate (H&C) grounds. A refusal of the application arrived in February 2005 followed by a pair of exclusion orders in June 2005. Unbeknownst to the Vieiras, their actual removal would not be attempted until two years later. Rather than immediately filing another H&C application, the Vieiras ?registered? with Worker Canada, an entity which, according to court records, was allegedly ?relying on potential immigration policy changes to regularize their clients.?


Once the Vieiras learned that they were in the ?pre-removal? stage they feared that the end for them in Canada might be near. So, in March 2007, they submitted a second H&C application almost two years after their first one was denied. Sure enough, on May 17 they were notified that that they would be removed from Canada on June 14, 2007 notwithstanding the fact that they had hired Worker Canada.


They asked their expulsions officer to defer their removal so that the H&C application which they had just submitted two months earlier could be decided. When the officer refused, their new counsel applied to the Federal Court to stop the removals.


The Vieiras took the position that they would have filed an H&C earlier had they not received ?inadequate? legal advice from Worker Canada?s counsel.


Mr. Justice Shore denied their request for a stay of execution and ruled that an applicant must be held to their choice of adviser and that the failure to provide notice and an opportunity to respond to counsel whose professionalism is being impugned is sufficient to dismiss any allegations of incompetence or malfeasance.


The judge also held that the Vieiras knew since the day they overstayed and at the latest, since June 2005, when they received the exclusion orders that they were clearly at risk of removal from Canada. Nevertheless, they waited until March 2007 when removal was essentially imminent to submit a second H&C application. He found that ?they instead chose to hire a company that was unsuccessfully attempting to have the status of their various clients regularized based upon some potential immigration policy changes, that were never put into place.?


The court ruled that ?there are, every year, statements made about possible changes to immigration plans and policies. Some of those are occasionally adopted in some form by the government while many others are not ? Neither the former government nor the current one enacted any legislation, nor did it put into effect any rules or regulations in regard to such purported statements.?


This is probably obvious to all... except to those like the Vieiras, who were simply too desperate to see straight.


Roy
www.cvimmigration.com

[15-09-2007,09:44]
[**.52.216.229]
Roy
(in reply to: DON'T BLAME BAD COUNSEL)
Oh What a mess... Were those folks removed by force or what? It baffles me why they don´t want to return to Brazil. I wish somebody threw a Brazilian passport (a legitimate one) at me! I could move to Brazil and give my Canadian citizenship to one of them (seriously!). Brazil has so many hot girls so vainly looking for hedonistic fun.
[15-09-2007,11:40]
[***.202.38.47]
Elvis
(in reply to: DON'T BLAME BAD COUNSEL)
The issue here is why did the Lawyer file an appeal everyone knows H&C application in process does not prevent removal.

Roy
www.cvimmigration.com

[15-09-2007,15:37]
[**.158.64.100]
Roy
(in reply to: DON'T BLAME BAD COUNSEL)
Elvis,
I am from Guyana and we can walk across to Brazil on the road. Brazil is famous for it´s Carnival, Soocer, Race Car Drivers, Fashion models, development of Ethanol Alcohol driven cars, Samba Dance, Lambada etc. It is the 5th largest country in the world with a population of about 160 million people.
The language is Portuguese. Brazil produced everything from a safety pin to a war tank. It is one of the rising economic giants today.
But Brazil is also famous for its poverty, street children, prostitution, crime, corruption, secret police killings, large drug empires that can only be matched with Colombia. Brazil is known as the Muder Capital of the world. You can lost your life any moment whilst walking on the streets of Brazil, the streets are infested with muggers, begagrs and street children.
Look at the movie, City of God and you will get an idea of what the real Brazil is.
Elvis, leave the girls out, are you still interested in trading your Canadian passport for a Braziian one?
You won´t have any problems, because there are millions of Brazilians who will take up your offer.
www.canadaimmigrationbpa.com

[15-09-2007,15:49]
[**.158.145.205]
Balwant
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