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| Subject: Facing Removal? |
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To All
If your facing removal from Canada you still have legal options right up until your sitting on the plane.
If you made a refugee claim and receive a negative decision you can have your Legal Counsel submit an application for Leave to Appeal that negative decision to the Federal court of Canada. You will have to prove that the IRB member erred some how in Law by not assessing your evidence properly or not allowing certain evidence to be introduced.
This is not an Appeal it is a request to Appeal.
If leave to appeal is granted then your Legal Counsel will have an opportunity to convince a Federal Court Judge that you were denied Fundamental Justice.
At any time currently you can apply for Landing from within Canada based on A25 Humanitarian and Compassionate factors. H&C
Remember Compassion is common sense.
You need to show exceptional circumstances as to your Unusual, Undeserved or Disproportionate Hardships. Normally a Hardship not anticipated by the Act and Regulations and normally beyond the persons control. Your refugee claim issues are dealt with by the Immigration and Refugee Board and the Federal Court.
Not one CIC Officer has the authority to over rule the IRB members negative decision.
There is no clear guideline to CIC Officers as to what is or isn´t an H&C factor. Use the H&C Manuals found here for a better understanding http://www.cic.gc.ca/english/resources/manuals/ip/ip05-eng.pdf
Please note discrimination now has also been added as a valid H&C factor.
If children are involved definitively use the Best interest of the Child and support your argument with supporting documents.
Processing times can be excessive and having an H&C (in process) will not stop CBSA attempting to remove you so get your application in as early as possible. A Federal Court Judge may think differently.
Once CBSA gets deems you removal ready they will call for an interview in which you will be given an opportunity to submit a Pre Removal Risk Assessment. A PRRA allows you to provide NEW evidence that directly relates to you since the time you got a conditional removal order aka negative decision.
You get 15 days to fill in the forms and another 15 days to send in your reasons/submissions as to why you face serious harm, torture or death.
When you get your negative PRRA with your negative H&C all is still not lost. You can file an appeal with the Federal Court but you need really good reasons to overturn the CIC Officers reasons for refusal
If you have a valid H&C reason that was not addressed you can ask for a reconsideration.
Then CBSA must get you a passport/travel document for you and your children (if any) to affect your removal. That can take many months depending on your country of nationality.
Now even though certain individuals will tell you to DIY that you do not need a Consultant or Lawyer to submit an H&C application or any application it is always better to find an experienced, quality adviser to assist you with any application.
This man decided to do his own H&C application because Jason Kenney claimed his application would not get preferential treatment and be dealt with any faster if he used an authorized representative.
http://www.torontosun.com/2012/02/22/supporters-demand-a-halt-to-deportation
IF YOUR A FOREIGNER AND WISH TO COME TO CANADA TO STUDY YOU NEED TO ENROLL IN A SCHOOL IN CANADA AND PAY YOUR ENTRANCE FEE THEN APPLY TO YOUR VISA POST FOR A STUDENT PERMIT BEFORE COMING TO CANADA.
WHY IS CBSA TELLING THIS CHILDREN TO VIOLATE CHINESE IMMIGRATION LAW????
THIS FAMILY IS BEING TOLD TO GO TO CHINA BEFORE APPLYING AND RECEIVING STUDY PERMITS FOR THEIR CHILDREN.
IS THAT BEING ALIVE, ALERT AND SENSITIVE TO THE BEST INTEREST OF THE CHILD?
Their story has been covered in the Toronto Sun (three times), Sing Tao, World News, OMNI TV news, Global TV news and will be covered by CBC News on Monday.
Will we be able to delay their removal or prevent their removal, maybe. It is a long shot.
If you think they deserve compassion please write the Minister of CBSA Vic Toews or Jason Kenney CIC.
When children and especially a sweet little Canadian girl is involved I advocate as best as possible on behalf of my client´s.
Roy
cvimmigration.com
[26-02-2012,07:18]
[**.245.183.211]
Roy |
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(in reply to: Facing Removal?)
I appreciate what you are trying to do Roy - but I sure wish it would not cost the taxpayer thousands and thousands of dollars to make it happen.
[26-02-2012,15:21]
[**.16.209.125]
Sharon |
(in reply to: Facing Removal?)
Well, I only have two things to say.
1- When a person is refused in a previous claim, only 2% are approved during the PRRA.
In most cases when people try to go using H&C grounds the don´t make it either. The reason being is that most of their stories are BS and they know it. The % that actually gets approved vs the amount of applicants is extremely low. Overall, bad option.
2- The Chinese family is going to get deported and you know it. If I were you, I would be planning a way to bring them back as you did with the family from Portugal.
[26-02-2012,19:52]
[**.17.35.52]
DocD |
(in reply to: Facing Removal?)
that is the problem with this H&C stuff. People assume it is a sure deal and equivalent to another step in the process.
The odds are lousy and I am getting a little weary of footing the bill.
[26-02-2012,20:13]
[**.16.209.125]
Sharon |
MOST ILLOGICAL (in reply to: Facing Removal?)
IF YOUR A FOREIGNER AND WISH TO COME TO CANADA TO STUDY YOU NEED TO ENROLL IN A SCHOOL IN CANADA AND PAY YOUR ENTRANCE FEE THEN APPLY TO YOUR VISA POST FOR A STUDENT PERMIT BEFORE COMING TO CANADA.
WHY IS CBSA TELLING THIS CHILDREN TO VIOLATE CHINESE IMMIGRATION LAW????
THIS FAMILY IS BEING TOLD TO GO TO CHINA BEFORE APPLYING AND RECEIVING STUDY PERMITS FOR THEIR CHILDREN.
IS THAT BEING ALIVE, ALERT AND SENSITIVE TO THE BEST INTEREST OF THE CHILD?
[27-02-2012,11:13]
[***.32.33.244]
Anonymous |
(in reply to: Facing Removal?)
Sharon you ain´t footin no bill for nobody; you have to contribute a fistful of cash to CIC to be helping these destitutes. However, you are a chronic part-timer mooching cash off the public coffers; you won´t be paying them a dime.
[27-02-2012,14:47]
[***.202.41.180]
Happy |
(in reply to: Facing Removal?)
Last time I check, I pay income tax and those taxes fund CIC. So every time a CIC officer has to track someone down, or review their applications and deny them one more time - I am paying.
[27-02-2012,21:51]
[**.16.209.125]
Sharon |
(in reply to: Facing Removal?)
DocD
Your partly right most people never even read the IP% H&C manuals and do not understand what is Unusual, Undeserved or Disproportionate hardship they want the Immigration Officer to over rule the IRB Member and the Federal Court H&C is not about retrying their refugee claim.
DocD there is no application to bring back the Jiang family that is clear cut. No Province would believe a PNP applicant like him has an intent to live in their province with 18 members of his family in the GTA all business persons.
Sharon why are you footing the bill? Oh you responded. So those great trackers you´re paying have found 10 of the 1,400 hardened criminals WOW
What about the 20,000 in the GTA with a warrant out on them?
Instead CIC is sending the kids to a country where they will never be allowed to go to school. The parents had to renounce their citizenship to be able to leave China.
http://www.thestar.com/news/world/article/1040795--beijing-crushes-independent-schools
The father was fed bad advice on how to get Landed in Canada so he took the super fast STUPID route and told the truth. If he would of lied he would of been landed long ago.
[28-02-2012,07:02]
[**.245.183.211]
Roy |
(in reply to: Facing Removal?)
The H&C programs are designed to support those in need, those that are going to face unusual, undeserved or disproportionate hardship.
The problem is when an ethnic group seems to use the same excuse in every single province and territory. What do you think is going to drive the changes in the citizenship by birth in this country?
Answer: The people that is using it as a loop hole to abuse the system and the consultants that keep juggling this crap in the name of the "Best interest of the child"?
It is interesting how the laws are only unfair and officers are not "sensitive, alert or alive" when someone doesn´t follow the law.
We are bound by a set of laws that if we stop applying them and keep making exceptions, we will go back to the point of....why do we have laws to begin with?
In my career I have seen many people in need of real protection and others that live a life full of excuses such as "I was given the wrong advise, I didn´t know etc, etc.."
Also, I am a human lie detector and I am not the only one.
Good luck in your hearing.
[28-02-2012,11:42]
[***.115.153.178]
DocD |
(in reply to: Facing Removal?)
DocD
The officer said on Monday "I don´t care if the kids can go to school"!
I have sworn an affidavit to that effect. I think you have a clear understanding of my character to know I would not post that if it was NOT said.
When a Parent was tricked by a LAWYER not a Consultant to make a refugee claim at a border crossing and soon as the Father told the POE CBSA Officer the truth, the Lawyer gets up and walks out.
He lost his refugee claim based on the POE comments by the Father who told the truth. Even though he was found elligble to make the claim.
Now the parents are being removed with (NO) Passports just travel documents and it is well known that China will never issue Passports for deported persons (parents) for five years after their return.
Parents renounced their citizenship to be given permission to leave China in the first place. They have no HUKOU since it is hereditary and the Parents and all siblings are in Canada.
Children will be given only a transit visa so they have no status to remain in China attend school, work, travel, marry own a business etc.
So CBSA is punishing the children based on the mistakes of a Parent & a Lawyer, key word LAWYER!
Parents are not using a LOOPHOLE they are using the Law.
Best Interests of the Child must be considered. The fact that the kids will never be allowed to attend school is huge IN that they will face irreparable harm.
DocD
I will be the first to say too many spurious refugee claims are made in Canada.
I will also defend any child including a Peruvian/Canadian child that will be forced to decide stay with Mom & Dad and have no future or go to China and be.....
Roy
cvimmigration.com
[29-02-2012,07:03]
[**.245.183.211]
Roy |
Reply to the Facing Removal? (in reply to: Facing Removal?)
Peruvian? Please explain
[29-02-2012,07:13]
[***.114.172.163]
cornflake |
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