|
|
| Subject: Refugee claim abandoned? |
|
|
|
Hi,
on October 24, 2007 I was scheduled for a refugee hearing (I missed last 2 ones) at IRBC in Toronto. On October 23 I was incarcerated and detained for next two days. Just yesterday, to my misfortune, I received a letter from IRBC that my case is considered abandoned and closed. I was wondering if my case CAN/WILL be reopened since I have a valid and unavoidable reason for not attending the hearing. It was beyond my power to attend or call anybody at the IRCB. For proof I have a "Recognizance of Bail" document which clearly shows that on that date I was in Court.
Did somebody have a similar experience and how long did it take for case to be reopened and scheduled for a next hearing?
Thank you in advance...
[06-11-2007,15:51]
[**.229.208.147]
The Backyardigan |
|
(in reply to: Refugee claim abandoned?)
It appears you did not had a counsel because if you had a counsel, he should have appeared and explain to the Panel Member of your circumstances.
Or you should have written to the IRB and asked for a postponement of your Hearing. You said you missed the last two Hearings, well my friend, the IRB will not take you seriously anymore.
Please contact your counsel if you have one because to determine whether a Refugee case is to be reopened, one needs to know all the circumstances concerning the case as the IRB has closed this case. You will have to give good reasons for them to reopen your case and from the limited information you provided, I doubt whether they will want to reopen it.
www.canadaimmigrationbpa.com
[06-11-2007,16:48]
[**.158.155.45]
Balwant |
(in reply to: Refugee claim abandoned?)
so ok this time it was "unavoidable" but what about the previous two you "missed"?
[06-11-2007,17:15]
[***.29.23.218]
Anonymous |
(in reply to: Refugee claim abandoned?)
Can the backyardigan return back to his country or another country and then apply under a regular category such as skilled worker or something? Or are his chances all gone if he now leaves the country?
[06-11-2007,17:30]
[**.131.54.187]
ZigZag |
(in reply to: Refugee claim abandoned?)
It would be advisable for him to leave voluntarily and apply as a Skilled Worker or some other category that he may be qualified.
If he waits to be deported, lots of headaches in the future and may even be prevented from entering Canada again unless a pardon is given to him.
www.canadaimmigrationbpa.com
[06-11-2007,17:39]
[**.158.152.231]
Balwant |
(in reply to: Refugee claim abandoned?)
Thanks for all the responses.
Balwant, I have a counsel and I had a meeeting with the counsel the day before the hearing, actually it was 3 hrs before I got arrested. The plan was that I meet him at his office before the hearing to discuss some final issues regarding my claim and we would meet at the court. Since I got held in custody I couldn´t talk to anybody else that day except my legal counsel (one phone call!). So basically nobody knew that I was in custody and there is no way they could have known. The police doesn´t allow any other calls and legal counsel of the court didn´t care much about my problem. I pleaded with her to call my immigration consultant or the IRBC to notify them about my situation but she wouldn´t.
I was released the next day on October 25 at 6 p.m.
When I got released I saw that my counsel had left me 3 voicemails. I saw him shortly afterwords and he said that since I wasn´t answering the phone and he was waiting for me that he sent his associate and "the Member" was apparently furious because I didn´t show up, because this was my 3rd time. First time I had a car accident and the second time my counsel couldn´t show up because of his injury. I didn´t want to proceed without him because I want to win the case.
The letter I received yesterday is "Notice of abandonment decision" and states that RPD determined that my claim has been abandoned. At the end of the sheet it reads in small print: "Under section 72 of the Immigration and Refugee Act, you may make an application to the Federal Court for judicial review of this decision."
What my question is will I have to take this to Federal Court or it can be reopened at the IRBC based on my unfortunate circumstances?
I have yet to schedule a meeting with the counsel but I would like to know some answers now. Good news or bad news?
Please advise...
[06-11-2007,21:08]
[**.229.208.147]
The Backyardigan |
(in reply to: Refugee claim abandoned?)
Now that you have given some details, makes matters clearer.
Your case at the IRB has been treated as abandoned, three times missing your hearings? A mishap happened all three times? I am not doubting you, but strange things do happen in this world.
You will have to seek Judicial Review at the Federal Court, get an Immigration lawyer, and a good one too.
If the judicial review fails, you can apply for a Pre-Removal Risk Assessment, this your Consultant can do but the success rate is about 2%.
If this fails, leave voluntarily, do not wait to be deported.
Since you have a Consultant, let him guide you along the way on how to remain in Canada.
We at this forum do not provide legal advice or professional advice to anyone, we just express our opinions and exchange views, share ideas and so on.
We even quarrel with each other.
See your lawyer or Consultant for professional or legal advice, what myself and others are doing cannot be construed as legal or professional advice.
[07-11-2007,01:29]
[**.158.155.109]
Balwant |
|
