Removal Order

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Subject: Removal Order
  Hello: My partner has received a removal order. In 2005 he had a deportation order but this matter was stayed in 2008 with an appeal in process. He plead guilty to a theft under 5000 and received a sentence of 1 day plus pretrial time served which was 7 months (2:1). The judge made no indication as to what this type of crime usually merits for sentencing and he was poorly represented by both his criminal and immigration lawyer who had not made him aware that any sentence over 6mnths would by operation of law cancel his stay. Currently his immigration lawyer has said we need to do a Humanitarian and Compassionate Application. The only application I have come across is the H&C Permanent Resident application. He is/was a permanent resident as of 1995. He is Burundese and is the sole survivir of his family after the Rwandan genocide. He was 13 when he came to Canada with family friends. So a couple questions:

1) Because we have recieved documentation regarding his appeal being cancelled and his file being sent to the Removal Screening Unit is his status as a permanent resident immediately revoked?
2) Where do I find the proper H&C application
3) What is the time frame if we submit the H&C before they would order his removal if unsuccessful?
4) How do we find proper professional support to help us argue that being sent back to the country where your whole family was murdered is acutely injust. Is a psychiciatric assessment good enough?
5) Do you think there is grounds to argue that he was mistreated by the family who brought him here because they never helped him gain citizenship in their custody (as he was only 13) because if he had citizenship this issue would not have arisen.

Any comments would be greatly appreciated. I can also be reached via email at l.squair@live.ca

[25-11-2010,20:06]
[**.51.166.24]
Lesley
(in reply to: Removal Order)
1) "Because we have recieved documentation regarding his appeal being cancelled and his file being sent to the Removal Screening Unit is his status as a permanent resident immediately revoked?"

Not yet, but it will be.


2) "Where do I find the proper H&C application"

www.cic.gc.ca


3)" What is the time frame if we submit the H&C before they would order his removal if unsuccessful?"

There isn´t. Having an H&C application in, does not prevent his removal from Canada, a person can be deported before a decision on his H&C application is made.

4)"How do we find proper professional support to help us argue that being sent back to the country where your whole family was murdered is acutely injust. Is a psychiciatric assessment good enough?"

Roy, may answer that one. I rather not to.


5)"Do you think there is grounds to argue that he was mistreated by the family who brought him here because they never helped him gain citizenship in their custody (as he was only 13) because if he had citizenship this issue would not have arisen".

If you are planning to use that as a prove to prevent his deportation, start waving your hand bye bye. You need something FAR more substancial than that.

That by any means proves that he has been or will be subject to torture, hardship etc, if he gets deported from Canada.

[26-11-2010,16:14]
[***.115.153.178]
DocD
(in reply to: Removal Order)
Thank you
[26-11-2010,21:49]
[**.51.166.24]
Lesley
(in reply to: Removal Order)
Your lawyer that you already have should be able to answer your questions.
[28-11-2010,14:26]
[**.55.28.135]
jp
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