|
|
| Subject: H&C denied because out of country |
|
|
|
Here is the short version of my immigration struggles. My husband came to Canada in 2001 (refugee claimant). Denied in 2002. Remained in Canada illegally. We met in 2003. Lived together for 3 years before marrying in 2006. Applied for H&C since he has a criminal record and could not apply for Spousal. In meantime, deportation order hanging over our heads, given 3 work permits, paid taxes since his arrival (even when illegal and using same SIN). While we were expecting our 2nd child, he was to be deported a month before the birth. Went to court, won stay of removal (they gave him permission to stay for the birth of his child). Back in court a year later - deportation order haunting us again. This time we lose. He is deported - July 2010. Out of country sponsorship application sent Dec. 2010. Negative response given Oct. 2012 (based on criminal inadmissability). H&C continued to be processed despite deportation. Further information was requested for the processing of the H&C for the last 2 years. Received a letter this week saying it will no longer be processed because "it has been noted that you are no longer in Canada". REALLY! You removed him! Want to take this to court (despite the financial constraints). Do we have a chance?
[12-11-2012,22:29]
[**.234.120.166]
APJK |
|
(in reply to: H&C denied because out of country)
You don´t have a hope in hell.
Take this to court for what? To waste more time and money?
He has to stay outside of Canada, depending on the offence he has to apply for a pardon and/or over come is inadmissibility and then he has to apply for an ARC (authorization to return to Canada).
With an ARC along with the application you may attempt to sponsor him to come back to Canada. It is not going to be easy and yes! it will take several years. Forget about the HC at this point, it is out of the equation.
He messed up EVERY single possibility he had.
[12-11-2012,23:30]
[***.183.183.13]
DocD |
(in reply to: H&C denied because out of country)
DocD/APJK
What is needed here is some common sense, compassion and to follow the rules of the Act and the Regulations.
This man has two Canadian children who needs their hard working Dad.
Persons who are found inadmissible for criminality can have that overcome with a TRP.
Roy
cvimmigration.com
[13-11-2012,06:08]
[***.113.87.90]
Roy |
(in reply to: H&C denied because out of country)
...Received a letter this week saying it will no longer be processed because "it has been noted that you are no longer in Canada". REALLY! You removed him!...
What is H&C about? Seeking an exempt to apply PR within Canada without going to an oversea immigration office. There is no point paying 5% merchant fees to sell less than 5% service and good service fees, for example, one permanent Canadian stamp.
Have him stay outside Canada and apply criminal rehab and ARC and PR or whatever it takes to get the hard working dad home.
[13-11-2012,11:08]
[**.233.249.198]
DocZOZO |
(in reply to: H&C denied because out of country)
Quoted "What is needed here is some common sense, compassion and to follow the rules of the Act and the Regulations".
Common sense?, I love that expression. It is a bit late for that, don´t you think?. This gent has been removed from Canada, banned from entering Canada ever again with a failed refugee claimed also a failure to depart when asked to and a failed H&C within Canada...after all that, he was finally deported.
Good luck with your common sense. That´s going to go well.
This man has two Canadian children who needs their hard working Dad.
Quoted"Persons who are found inadmissible for criminality can have that overcome with a TRP".
This is way more than an inadmissibility based of a past criminal activity. That is just one more thing that has to be cleaned up.
I personally believe that there are three steps that have to be followed:
1- Overcome his inadmissibility.
2- Overcome the fact that he is not allowed to return to Canada. (Apply for an ARC)
3- Apply from abroad and come back as a PR once step 1&2 are clear.
There is no free lunch on this one. It´s not going to be easy, cheap and quick.
[13-11-2012,12:05]
[***.115.153.178]
DocD |
(in reply to: H&C denied because out of country)
DocD
If you had ever worked at a hearings office you would know that almost all Permanent Residents after being ordered excluded due to so called (serious criminality) and being found inadmissible by the Immigration Division they are granted "STAYS OF REMOVAL".
Normally one, two or three year stays. The reason being by the time they get a hearing room for a full appeal the PR has a pardon.
You have NO knowledge of this individuals transgressions which he may have pleaded guilty to, just to be released.
So what about this common sense?
http://metronews.ca/news/143675/the-de-sousa-story/
Last week many immigration lawyers were surprised when Antonio and Maria De Sousa, 37 and 36, returned to Canada from Portugal with their three children, reportedly under the authority of a temporary resident permit (“TRP”), after having been deported from Canada last year following their four-year unlawful stay in this country.
This guy and another 150 were found eligible to make a refugee claim after being told to say that their claim was based on unemployment in Portugal.
APJK and her husband were using due process which is fundamental justice. That is the LAW!
I know you want the Police and all CBSA Officers to be Judge, Jury and Executioner but this is still Canada.
Now are you taking this extreme hard line to show off to your colleagues who now know who you are? You seem to have drastically changed.
Roy
cvimmigration.com
[13-11-2012,19:06]
[***.113.87.90]
Roy |
(in reply to: H&C denied because out of country)
Nope, I haven´t changed. I am still the same sweet, caring bear that I have always been. I just don´t sugar coat things very well, it is not my forte. BTW, I answer here on my own free time at no charge, it is not a formal advice by any means. It is not against the law to do so, I can´t be penalized for helping others at no charge. I just have to protect myself for different reasons.
I am not taking a hard line here. I don´t work in an office hearings but people when is removed from Canada, go through airports so there is when I get to see and deal way more than I can describe in a sentence.
Good for you and the De Sousa family. In the newspaper they called you "Kellogg" no Mr. in the sentence, it doesn´t seem to bother you but if I do it then it seems that an apocalyptic event is going to happen, I can call them on your behalf and ask them to use Mr.Kellogg next time lol.
The last time I used the word Mr. was my commander officer in the Navy many years ago and my father who may RIP. Just FYI.
The situation described in this thread is far from the De Sousa´s case.
I don´t have all the details to make a final call on what the outcome will be but it seems pretty rough just based on the information that has been provided in this forum.
Hope and common sense are NOT tangible ways to measure anything. Things can be measured based on the evidence that is provided.HARD EVIDENCE!
What I suggesting (three steps) is based on what is written in the operation manuals. It is not what I think, it is what it´s written.
If you can prove it otherwise with a different interpretation of the law then fill your boots. I want people to understand that there is more than one way to skin a chicken and if you think my point of view is rough or "hard line", I can guarantee you that the CIC officer´s point of view is not going to be any easier.
That´s all.
[13-11-2012,20:02]
[***.115.153.178]
DocD |
(in reply to: H&C denied because out of country)
My point is how can the refusal be based on the fact that my husband is no longer in the country. There was no mention of his criminal inadmissibility. With regards to apardon, in his country he can apply for a pardon 10 years after the sentence is completed. This would mean 2014! There could be a possibility of being pardoned in 2013. Yes, my husband was innocent but counselled to plea guilty in order to receive a sentence of 5 years probation (and not 3 years in jail). Applying for rehabilitation negates the fact that he has always maintianed his innocence - and has stated so to immigration. He had no money to pay for good counsel and was ignorant (the true sense of the word) with respect to the legal system. I can´t believe that the system is this heartless that they would have 2 children (ages 3&5) separated from their father. They have missed their formative years with their dad. What about the best interest of the child??? I wish the government would stand by their word. My children (and no child) deserves this!!!
[13-11-2012,21:31]
[**.234.120.166]
APJK |
(in reply to: H&C denied because out of country)
"He messed up EVERY single possibility he had" What possibilities????
[13-11-2012,21:33]
[**.234.120.166]
APJK |
(in reply to: H&C denied because out of country)
The De Sousa family filed a complaint against their Counsel who initiated a refugee claim on their behalf based on unemployment without their knowledge. (No English Ability)
That complaint went no where because they signed their PIF Personal Information Form. When it got close to their hearing date two years after filing they had established themselves and their was little if any work back home.
The Criminal courts are sooooo backlogged many times duty counsel will say plead guilty all you get is probation and it will be all over in a minute.
Seen this so many times I can´t count that high.
Roy
cvimmigration.com
[14-11-2012,06:40]
[***.113.87.90]
Roy |
(in reply to: H&C denied because out of country)
APJK,
Quoted "My point is how can the refusal be based on the fact that my husband is no longer in the country"
Because an H&C in process doesn´t prevent a removal. If a deportation order is enforced before a decision is made on an H&C application, too bad.
The only thing that you can take to court is if there is anything that was not considered during process or an unfair application of the law. (If the officer omitted relevant information that could drastically change the outcome of your case).
In most cases 99.9% the officer´s decision is final. He was removed on a pending (or several) removal orders that were already in effect and the only thing he had hanging there was an H&C that was not finalized. With that in hand, there was no reason for CBSA to remove him and of course, not being in the country then his application for H&C was refused.
Another option is that you can try to find some legal aid. Roy seems to think that there is a way....well....
I think there is to, just not a short one, and easy one or a cheap one.
Good luck.
[14-11-2012,11:08]
[***.115.153.178]
DocD |
|
