IMMIGRATION HOLD/DETENTION

Canada Immigration Forum (discussion group)


 
       
Subject: IMMIGRATION HOLD/DETENTION
  A friend of mine is in detention on an immigration hold, his x-wife withdrew his sponsorship papers and left him high and dry! The poor guy has been in hold now for over 2mths awaiting a removal order because now he has no application and they took his work permit as well, he cant seem to get any help at all. Each time he attempts to meet with a lawyer the immigration dept conveniently moves him to another institution so he has yet been able to get any advice. Everytime he files for legal aid to help pay for the lawyer - he gets moved again. What is a person supposed to do to help themselves?? As a non familly member there isnt much I can do to help him. I had always had faith in our government and its systems until I have seen what this poor man has gone threw.

How long will a person like him sit in jail and suffer before they actually remove him or allow him to get help and maybe bail??

[17-12-2009,01:29]
[***.33.18.180]
Jaz
(in reply to: IMMIGRATION HOLD/DETENTION)
sounds like you are leaving out several pertinent details.
[17-12-2009,02:39]
[**.154.245.217]
Sharon
(in reply to: IMMIGRATION HOLD/DETENTION)
JAZ

Well is he helping his situation by surrendering his passport? Is he trying to delay the inevitable?

Rarely do loving partners cancel their spousal sponsorships without some reason.

If he is in the GTA he would of normally been put into the Immigration detention centre. If he is deemed a serious flight risk or problem he goes to a Toronto Jail. Then if no one likes him enough to act as a bonds person he is moved to Lindsy ON super Jail.

But in each Jail there are bail program people that will assist him with applying for legal aid but why should he get Legal aid?

Roy
www.cvimmigration.com

[17-12-2009,06:36]
[**.55.219.57]
Roy
IMMIGRATION HOLD/DETENTION (in reply to: IMMIGRATION HOLD/DETENTION)
The siutation is, that 4 years ago he was "out of status" for a period of time while his wife filed for him. I dont think either one of them knew of the importance of extending his visa and thought that filing would solve the problem. During that time apparently, immigration had issued a removal order and sent it to his last known place of employment - which he never got. Nothing was mentioned when they filed, or even when they went in for their interview.

Anyway....time passes and the marriage goes sour. She leaves him for another man, files for divorce and stops his application all in one week. They have children together so he attempts to see the children, she tells him not to come around. He calls CAS to get advice -this angers her and she goes to the police station and files 8 bogus assault charges on him. He is arrested. Immigration is notified. He goes to court - the charges are dismissed BUT, now with the immigration problem he is taken into their custody.

He has no familly.....other than hers, and few friends (other than hers) I attempted to bail him from the immigration hold but they said he was basically at the end of his stay here. He has no status, no application, no charges that he would need to remain in Canada to answer to etc... I guess he would have gotten out on some type of bail had I been able to meet the financial requirements, but because he is deemed a risk (failing to extended permit 4 yrs ago) the amount would have been high. I did meet with the enforcement they reviewed my proposed surety but found that I didnt qualify as my income is currently from E.I....I was just laid off in Sept.

He has been advised to get a lawyer and seek stay on compassionate grounds, as he has 2 children here, has never been in trouble a day in his life, has always worked and maintained himself and his familly etc...

They have infact moved him to Lindsy as of last week. So.......can I assume that will be his final transfer?? Maybe he can actually get someone to talk to then... it just seems like until now he being transfered from one facility to another every few days leaving him in a state of confusion.

I understand he is being given a 1 yr exclusion. I guess thats a better outcome than being deported, at least he can hold a glimmer of hope of being able to see his children some day again.

I just dont understand WHY is being held for sooo long if the bottom line is what it is?? Wouldnt it only make sense for him to be sent home sooner rather than later? He has money to pay for his own ticket. Why keep him locked up to suffer and tax payers to foot the bill? They tell him its because he has to be offered a PRAA before the order can be followed through upon...... so.....I guess he is waiting for that.

How long can something that seems so simple really take?

[17-12-2009,10:27]
[***.33.18.180]
Jaz
(in reply to: IMMIGRATION HOLD/DETENTION)
CBSA is waiting for your embassy to send them your passport or a travel document to get your friend out of Canada. More likely that is what is causing the delay.

Regardless if your friend has an H&C application in process that will not prevent his deportation. Being excluded is one thing but being in detention.... I am not going to talk about it but there is something else here...

An exclusion order that became a deportation order? He didn´t do something that he was supposed to do and you may know what that is.

Nothing you can do at this point, he is facing an imminent deportation.

[17-12-2009,14:17]
[***.115.153.178]
DocD
(in reply to: IMMIGRATION HOLD/DETENTION)
They couldnt possibly be waiting on his docs....I turned those into border services myself as part of my obligations as criminal court surrety - which by the way was a 30,000 bond!! You´d think he was a murderer or something with the way things are working out for him. Please bare in mind these were allegations of assault that were ultimately thrown out of court. If I wasnt present at all court hearings, and immigration matters on his behalf I too would wonder if there is more to the story - but I know all the details first hand. I just find the whole situation to be unusually strange.

The exclusion order hasnt turned into a deportation order........I just said I suppose its better than a deportation order. Sorry for the confusion.

At any rate - I still just cant imagine why a person can sit there indefinately. If the order has been made, he has no criminal matters to deal with any longer, has money to pay for his own ticket and isnt bothering to appeal anything.........why the hold up? He tells me he is not the only one - he said one guy in there signed his paper to return home a little over 3mths ago and all they keep telling him is that they´re just waiting on a flight date.

I dont know....maybe its just me? But this makes no sense at all.

[18-12-2009,01:04]
[***.33.18.180]
Jaz
(in reply to: IMMIGRATION HOLD/DETENTION)
Jaz you´re 100% right this posting makes no sense what so ever.

What is funny is the enforcement guy DocD has to be a CBSA Canada Border Service Agency employee!

Talk about getting a life! lol lol

Jaz this posting makes no logical sense what so ever! No application not even a PRRA application? They have a travel document that you submitted and CBSA can not find him a flight! LOL

Then your Criminal court Bail statement. Hilarious

$30,000.00 bail for assault, LOL Yeah right!

Nobody, even someone like him gets stuck with 30 K bail for domestic assault issues!

Then ID Immigration Division Releases are as follows.

The Immigration Division sets the cash bond and/or performance bond (promise to pay bond) if violated then CBSA sets that you must have six times the amount to post the performance bond. NOT FAIR OR LOGICAL BUT......

So $5k performance bond you need to be making $30 K or have other assets.

Try again to explain Jaz

Roy
www.cvimmigration.com

[18-12-2009,08:45]
[**.55.219.57]
Roy
(in reply to: IMMIGRATION HOLD/DETENTION)
Roy,

I came to this website for helpful insight, not to be mocked. If I felt that you were in anyway trying to assist me with finding suitable answers to what is going on I would bother to waste my time and forward you the copy of the criminal court release order. It was INFACT a $30,000 bail bond. The amount was even surprising to the Immigration Enforcement officer I spoke with when he went up for immigration bail. I have no idea why it was set so high, it seems unjust - however it is what it is.

I guess I have come to the wrong place to help me find answers.

[18-12-2009,10:44]
[***.33.18.180]
Jaz
(in reply to: IMMIGRATION HOLD/DETENTION)
you have come to the right place, but as we are ALL suggesting - the story does not make sense. So, how are we supposed to comment or offer advice?

We are not mocking you... we are mocking the story as legit.

[18-12-2009,12:15]
[**.154.245.217]
Sharon
(in reply to: IMMIGRATION HOLD/DETENTION)
Thank you Sharon,

I dont know what else to say, other than the story as I have stated it is 100% legit. I swear, on my own life. I know the whole story sounds strange and bizarre which IS the reason that I visited this website - hoping that someone could help me pick sense out of the situation. I´ve attempted to talk to many people with regard to the situation and still cant seem to find reasonable cause for him to continue to be detained.

This is a difficult time for my friend, and I am deeply saddened for him and the turmoil that he has found himself in. I do not take the situation lightly, nor would I bother to waste time "inventing a story".

The guy is sitting in custody with NO real reason. He has already complied with everything asked of him. At this point he just wants to go home. I know that eventually this will happen. My concern was the length of time he has to sit in custody waiting for this to happen.

If there didnt seem to be a logical answer a simple " I dont know" would have sufficed rather than to attempt to ridicule and discredit me. As I stated, I was simply looking for some insight. The " LOL " "yeah right" and "try again Jaz" is completely unnecessary and in no way helpful.

I wasnt looking for a knight in shining armour to save the day - just some helpful insight. Again, I submit to you that I have visited the wrong place.

Im sorry to have wasted my time and yours.

Thank you, May you all have a Happy Holiday. Stay safe.

[18-12-2009,14:42]
[***.33.18.180]
Jaz
(in reply to: IMMIGRATION HOLD/DETENTION)
You can try to pull his CAIPS notes and see what´s in the file. His visitor record has 8 digits client number XXXX-XXXX.

From there, you can see what is causing the delay and/or take CBSA to court.

There is something somewhere that you are missing and you need to find out what that is. Depending on his country of citizenship there are a few things that are always a major headache.

1- Depending on his country of citizenship it is required a confirmation from his government that he will be admitted in his homeland and not being under any kind threat after being deported from Canada.

2- A criminal offence in Canada. Believe it or not. An illegal alien with a prending criminal sentence cannot be deported right away. There is a process that has to happen.

3- Something regarding his identity.



[18-12-2009,16:21]
[***.115.153.178]
DocD