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| Subject: H&C submissions |
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To All
I just finished reading an H&C submission from a very reputable Law Firm. I can not divulge which one but it could of been WAY better because there was no list of attachements submitted to support their comments.
Most areas were covered but a some glaring points were left out!
When one submits an application based on Humanitarian and Compassionate grounds the Onus in on the applicant to put forth any H&C factores they feel exist in their case. IP5 Chapter 5.26
In the H&C Manual which explains to the officers what they can do and can´t do as well what they and the applicant must comply with it clearly states the following "Officers do not have to elicit information on H&C factors and are not required to satisfy applicants that such grounds do not exist".
In the IP5 Chapter 5.19 Best Interest of the Child it states that the CIC Officers have to be alert, alive and sensitive when examining an H&C application with a Child involved. The very next sentence states this. "However, this obligation only arises when it is sufficiently clear from the material submitted to the decision maker that an application relies, in whole or at least part on this factor".
When there is a child involved and any authorized representative addresses the issue of a child they must focus on future things as well as things that are current.
This H&C application included issues about a Canadian child of a Chinese Mother which I have some experience. Not one comment was mentioned regarding the Child´s Right to Education if that Child is taken back to China by the Mother. IP5 Chapter 5.19 lists the impact on the Child´s Education.
TO BE EDUCATED IN CHINA ONE NEEDS A HOUSEHOLD REGISTRATION CARD, THIS CHILD WILL NOT OBTAIN ONE.
ONE CAN ONLY BE EDUCATED IN THE PROVINCE WERE THEY WHERE BORN AND REGISTERED.
The Toronto Star, UN and others reported that Children from one Province can not go to school in another province EVEN IF THEIR PARENTS ARE WORKING IN ANOTHER PROVINCE, see this article. http://www.hrw.org/english/docs/2006/09/26/china14263.htm
[14-09-2008,12:16]
[**.55.216.61]
Roy |
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(in reply to: H&C submissions)
Whoops this got posted before I finished.
The Canadian child will be subject to Foreign Student Fees!
How Much are foreign student fees in China, proof.
The Canadian child will have to give up Canadian citizenship to obtain a household registration card.
Biological father has been found to be a Convention Refugee.
Family is a Human Right under the UN but nothing mentioned.
I would of written the Mother directly but I do not have her e-mail address at home.
I know the Mother reads stuff from this site so PLEASE contact me because there are other things that need to be addressed by you.
When one hires a HUGE REPUTABLE LAW FIRM work like H&C applications go to the brand new non experienced Lawyer especially when most of the Law Firms money is earned by Federal Court Appeals.
When you only get 10 minutes with the Head of the Law Firm questions should be asked like.
The Lawyer that will be representing me was called to the Bar when?
The Lawyer that will be representing me has been with your firm how long?
The Lawyer that will be representing me has filed how many H&C applications?
The Lawyer that will be representing me has been successful in how many H&C applications?
The Lawyer that will be representing me has children
The Lawyer that will be representing me cares about children?
Always research and get references when paying anyone for any service.
If the authorized representative loves what they do and do what they love retain them. If he/she does what they do only to pay the bills, RUN!!!!!!
Roy
www.cvimmigration.com
[14-09-2008,12:29]
[**.55.216.61]
Roy |
(in reply to: H&C submissions)
You can never become a lawyer. You are dreaming of being a lawyer.
Why do you always have your website address listed on this forum?
We are getting all the answers right here, we do not have to go to your website to read about you.
[14-09-2008,16:29]
[**.27.11.85]
Asif |
(in reply to: H&C submissions)
mr asif mind your language, u r new to this forum probably & u do not know the contributions made by roy on this forum, so better keep ur mouth shuth if u have nothing else to say.
[14-09-2008,18:28]
[**.251.66.96]
Mike |
(in reply to: H&C submissions)
Mike,
You uncouth, you must argue criticisms in a civilised way. Roy has been misleading people here and saying lawyers are not trained im Immigration Law, it is not part of their studies. I graduated from York University and Immigration Law was part of the curriculum. I am in my last year at Osgoode Law School and we did Immigration Practice in our first term.
So he should stop bashing lawyers, because lawyers are the ones who have to attend the courts for immigration cases and NOT consultants. True, Roy is making a good contribution here but many of you are not aware of some of the misleading advice he gives occasionally.
Yes, Mike I am new here but not permanent and will be departing as soon as classes starts to rough.
I pity the people who takes advice here and not seeking professional help.
[15-09-2008,00:54]
[**.27.11.85]
Asif |
(in reply to: H&C submissions)
Roy is making a good contribution here but many of you are not aware of some of the misleading advice he gives occasionally.?????????????????????
ASIF, any example!!!!!!!!!!!!!!!!!!!!!
[15-09-2008,01:41]
[***.112.33.142]
Baqar |
(in reply to: H&C submissions)
Trolls again. LOL
Advice given here is only as good as the posting. Okay so now I have to go to Osgoode Hall and get the proof. A challenge alright, fun wow!
Lawyers go to Federal court so what! LOL When it gets to the stage of Federal court it normally is too late. Thousands file refugee claims each year and 48% are approved. The ones that fail are convinced to file an application for Leave to Appeal the negative Refugee decision and 1% reach the full appeal stage.
An authorized consultant attends absolutely everything except Federal court.
This Mother I posted about saw the head of the firm for ten minutes including hello and goodbye. Then the rookie takes over.
So Asif based on my posting what would you have included in this type of H&C application since you are trained.
Get real Asif you are going to compete against me because in the first term you took Immigration Law. You´re real funny. One term in which you had to take other classes and you are going to represent someone like this person, LOL LOL LOL LOL
You want everyone here to believe your at York and Immigration Law is the most important subject that it is taught in the first term. Scan your student permit and e-mail it to me, come on sport.
Silly Boy
Mike 251.96.56
TY for your comments but I can stand up to any troll pretending to be a Law Student regarding H&C including any well established Law Firm.
Any Law Firm who submits only a 5 page H&C submission without any attachments should be ashamed that they charged a Mother of a Canadian child anything.
Asif you calling Mike "uncouth" is the pot calling the kettle black.
By the way ASIF aka B---- I just got my first work permit approved with a TRV out of Guyana.
Happy?
Roy
www.cvimmigration.com
[15-09-2008,05:37]
[**.52.217.207]
Roy |
(in reply to: H&C submissions)
Dearest Asif
This is what you posted regarding the Chen family who are my clients.
This is an Immigration matter where a lawyer should get involved and not a consultant.
Roy Kellogg loves to go to the media for his immigration cases. He did it many times before, so the CBSA officers are now putting the pressure on his clients.
The media should not get involved in govt. administrative matters and the clients should ensure they get proper representation instead of begging the media.
This is a case of CBSA vs. Roy Kellogg and not CBSA vs. client.
[11-09-2008,18:09]
[**.15.243.40]
Asif
http://www.canada-city.ca/canada-immigration/posting.php?messageid=24980
YOU HAVE ATTENDED LAW SCHOOL at Osgoode Hall York University in Toronto ----- The media should not get involved in (government administrative matters).
SO YOUR SAYING AS A (FUTURE LAWYER) THAT IT IS ALRIGHT FOR THE CHINESE GOVERNMENT NOT TO ALLOW THESE THREE CANADIAN CHILDREN TO ATTEND SCHOOL AND VIOLATING THE UN CONVENTION ON THE RIGHTS OF THE CHILD, THAT IT IS ALRIGHT TO FINE A MOTHER FOR HAVING MORE THEN ONE CHILD WHILE RESIDING IN ANOTHER COUNTRY FOR TWELVE YEARS?
Law student funny one B----
Roy
www.cvimmigration.com
[15-09-2008,06:31]
[**.52.217.207]
Roy |
(in reply to: H&C submissions)
Well, i missed th discussion, LOL. Calling me uncouth and then asking for civilized criticism.....WOW...well, Mr. Future Lawyer i wish i could meet you in person and show you how civilized and by the way i live very close to YORK UNIVERSITY so if you want i can put a sign out of my door that, "MIKE LIVES HERE" and then you may come and we will discuss the civilized criticism in detail. If Osgood is prouducing lawyers (liars) like you then people shoulkd find some other schools.....and you know what....your name tells me how good lawyer you are going to be (dont get upset guys, i have some spiritual guidance so i can tell people´s personalities by looking at thier names) So Mr. Asif, in the end i would say.....go and fuck yourself and your law school and the lawyers you know....nobody knows better than me how lawyers works.....they are the biggest crooks on the earth and one more is coming by the name of Mr. Asif...get a life man.....
[15-09-2008,11:32]
[***.50.205.242]
Mike |
(in reply to: H&C submissions)
Mike behave yourself too. This Asif, I think is a person who got removed from this forum, twice or three times. Not a fan of Sharon´s nor mine.
This guy is not a Law Student but thinks he is my competition because currently he is authorized representative. Sooner or later he will explode with all kinds of UNCOTH statements.
Do not play his game.
Notice the posting that I quoted him on.
"Roy Kellogg loves to go to the media for his immigration cases. He did it many times before,"
That shows that he trolls here or he checks my website often even though he objects to me posting anything with my web address. He did it many times before!!!!
The media will not drive out of their cozy offices to meet with any representative and his/her clients unless they feel that the public in general cares about the issue at hand. Like all employees media personnel have to please their bosses and account for their actions.
Jealousy makes some unstable, why else would Asif be hanging out here? Whoops maybe he is learning from my answers!
Roy
www.cvimmigration.com
[15-09-2008,18:58]
[**.15.48.242]
Roy |
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