Illogical CBSA and CIC Officers

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Subject: Illogical CBSA and CIC Officers
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My Morning rant.

Well looking for tweets regarding Immigration I found two very illogical decisions by CBSA & CIC Officers.

1. The first one is refusing a visitor visas so a relative which is a match for a kidney donation can travel to Canada. Apparently he has a sister here as well and may not leave after giving a relative a kidney who has been on a wait list for five years. The Toronto resident does not go outside even long because she has to do peritoneal dialysis five times a day.

Come on Visa Officer the Lady is on deaths door!

vilmasfriends.wordpress.com

http://www.thestar.com/news/gta/article/1291706--kidney-donor-denied-a-canadian-visa-to-help-desperate-toronto-relative

2. No risk to life or torture if deported to the Gaza strip. Which news casts have the CIC & CBSA Officers been watching this last week. Tell that to the six who were executed by Hamas and dragged through the streets behind a motorcycle. Department of Foreign Affairs states this travel advisory "Foreign Affairs and International Trade Canada advises against all travel to the Gaza Strip, as it continues to be affected by serious violence". What do these CBSA & CIC Officers think that his current marriage is not genuine? You can´t fake relationship photos with kids in them.

http://www.ottawacitizen.com/news/From+Gloucester+Gaza+Ottawa+father+three+faces+deportation/7602946/story.html

Adverse media attention always helps lets wait for tomorrow´s good news.

Sorry but my feathers are ruffled this morning when I read these illogical decisions.

+ It is snowing in the GTA greater Toronto area!

Roy
cvimmigration.com

[24-11-2012,08:44]
[***.113.87.90]
Roy
(in reply to: Illogical CBSA and CIC Officers)
I agree these two cases sound very unfair and unreasonable and dare I say, even unCanadian at first glance but there are troubling things about both. First the kidney donor is not really a relative (the brother of her husband’s sister-in-law) and has no blood connection. The fact that he is willing to travel here and submit to a potentially risky procedure for someone he probably does not know can suggest he is either a very decent kind person or someone who has other motives or perhaps being exploited. The family claim that he is a match and has submitted tests to prove it but Immigration says he has not even proven he is the same blood type. Obviously with two failed attempts, there has been a glitch somewhere in providing this information. Toronto General Hospital will not support the claim without proof. Perhaps if copies of the tests were sent directly to the hospital, they could determine if he is really a potential candidate and it would make the claim much stronger. I think if there was more evidence, a direct appeal for intervention would work.

As for the man from Gaza, the prospect of being sent to Gaza with all of the conflict, especially for someone who was not born there, is terrible indeed. Part of the problem of course is that Arab countries have consistently refused to give Palestinians legal rights. The media is so quick to condemn Israel for their treatment of Palestinians but never mentions the real apartheid system under which they live in other Arab countries that places them in such a precarious stateless situation. However, there are also some puzzling things about his story. It says he came to Canada in 2004 with his Canadian wife and was issued a visitor`s visa and work permit. I assume they were not able to go the preferred route of sponsorship because they had to leave Dubai quickly and sponsorship was not considered after they arrived because the marriage apparently failed almost immediately after coming to Canada.

It goes on to say that within a year of being in Canada, he was issued a PRRA and ordered to leave or be deported. How did everything move so fast. Did he even try refugee or H&C claims. He has a lawyer now but did he seek out help and assistance from a professional during the seven years that passed, or just assume he would not be deported because he had his work permits renewed and we Canadians would never do anything that nasty and perhaps instead decide to go the anchor baby route with a second marriage and two children in less than two years. The second marriage may be legit but having two children with a pending deportation hanging over him must have been questioned.

I suspect that the first marriage that collapsed so quickly and the reasons for coming to Canada were questioned also as their child was born in August 2004 and he claims they came to Canada in October 2004 because the doctors advised they could get treatment here for their child diagnosed with Global Development Delay. That is a vague term for a variety of disabilities usually diagnosed by below average intelligence and the child failing to meet various milestones like walking, speech, etc. The doctors must have been very sharp to pick that up at 3 months of age.

I do not think anyone would like to see him or anyone else sent to Gaza and I think his deportation should be put on hold but it does also appear that he did not do much to help himself.

[24-11-2012,18:33]
[**.251.90.240]
Sabrina
(in reply to: Illogical CBSA and CIC Officers)
Sure sounds like another DocD - CBSA buddy or Jason Kenney clone.

Looking at Sabina´s logic.

Person´s ordered removed can only be removed to a country were they have a right to remain permanently, aka Gaza.

Did the Visa Officer erred by giving him a CVV to get his Canadian child medical attention? Now since the Act was amended in June of 2002 and no one could sponsor a spouse from within Canada until Public Policy was introduced by then Minister Volpe in February 2005 how did he get his work permit? I can´t assume that was a mistake. Showing compassion issuing a WP and CVV when it makes common sense because a man is in a real marriage and has no place to reside is not illogical it is common sense.

When spouses face real stress from any issue including unemployment, money issues or an ill child, marriages fail.

What gets me is that Sabrina comes across knowledgeable but fails to mention you can only make a refugee claim against a country of which your a citizen and are being persecuted from. He never lived in Gaza and is Gaza a country?

Relative by marriage! Since when a husband´s brothers wife´s brother is not family?

Preliminary tests were done in El Salvadore and if you think the Star is not convinced this is a legitimate hail Mary chance of saving this Lady´s life that the Toronto Star would print the story just to embarrass CIC?

Well let´s look at the case of others "A hospital spokesperson said Wednesday that some patients from among Toronto’s diverse population do turn to family and friends abroad to find a donor, and that visa rejections in such cases are “not uncommon.”

He was refused because he had a sister in Canada and would be unlikely to leave. Only when the Star contacted CIC media representative for a comment did they come up with the fact they did not prove he was a blood match but (they claim he submitted blood tests results) which were taken and sure sound logical that blood tests would be part of a preliminary assessment.

Is someone trying to cover their behind?

So is the Hospital in El Salvadore preliminary tests part of a conspiracy to sneak one person into Canada? Is the Toronto General who wrote a letter of support part of a conspiracy as well? He was coming for a potential Kidney transplant and the Visa Officer stated an up to four month entry request was deemed too excessive????

Prepare to rip an organ out of your body, rip that organ out Mr./Ms. Visa Officer and see how long it takes you to recover!

Probably 80% of persons who apply for CVV´s ask for shorter periods of time and are stamped in with an entry valid for six months because Port of Entry Officers are too busy to write a date of their return ticket below the entry stamp they put in the visitors passport.

Compassion is common sense and these two decisions are illogical and cruel to say the least.

Roy
cvimmigration.com


[25-11-2012,08:16]
[***.113.87.90]
Roy
(in reply to: Illogical CBSA and CIC Officers)
Roy I am sure the Toronto Star think they can influence the outcome and help this woman get her transplant. It would be wonderful if it worked and exactly the kind of thing they pride themselves on achieving. I do not think there is any kind of conspiracy to get this man into Canada or keep him out but I do not think that it is as simplistic a matter as suggested; that this woman is dying and this man can save her with a transplant and big, bad Jason Kenney is keeping him out.

I am not an expert on transplants but I do know that testing is extremely complex and sophisticated involving not just blood and tissue matching but also cross-matching where cells of both are tested together for rejection and that siblings with the same mother and father have the best chance but even then only 25% match so the odds of a non-blood relative being a match are very remote which is why people wait for years and frequently die while waiting. I have neighbours who when presented with the possibility of this in the future for one of their children, chose to have another child.

I have no doubt some testing has been done but Immigration claim they did not get any tests. From what I read, Toronto General would not support the claim either because there is no evidence he is even a potential candidate.

That is why I suggested that whatever tests have been done be sent directly to Toronto General. If they think there is a chance that further testing could provide a candidate and back the request for a visa, I think the visa might be approved.

I am guessing that the tests have not been passed on because they are very preliminary and the family are clutching at hope because that is what you do when someone is very sick. They are hoping more refined tests done here will show a good match or may even be aware that an arranged transplant like this is sometimes done with a poor match because newer medications for immunity issues now can improve the chances. On a waiting list, the kidney would go to whoever was the best match but if it is private, you might be allowed to go ahead however, many doctors would consider it unethical to waste a kidney or risk the donor for limited chance of success.

With respect to the comment that it is not uncommon for similar requests to be denied, this opens up a different matter. I doubt requests for granting visas to potential organ transplants have problems if the person is a close blood relative but this is not the case here and I suspect, it is not the case in other circumstances.

If he really is a good match, it was extremely lucky but I suspect what makes him even more special is the fact he is available and willing. You may consider a husband´s brother´s wife´s brother to be family, but I doubt many people would be willing to leave their family and job for four months, go through a painful, risky procedure with no guarantee they won`t develop complications or kidney problems in the future for that distant a relative.

Despite what was said about the presence of the sister, I suspect that the denial of this particular person and similar requests is really not as much about refusing a person who might overstay as much as concern for the idea of people buying organs. He is poor and has very limited employment. Maybe he is a truly compassionate caring person but the family obviously have the funds to bring him here and pay for his operation and care. Don´t you think it is possible that there might be some form of compensation for him involved. Indeed, it would be almost unfair to not offer it but the purchase of organs from vulnerable people already exists in many places in the world and some Canadians do travel abroad to purchase organs. I suspect there is concern about setting precedents where Canada enables Canadians to bring people from poor countries here and have their organs harvested.

As for the man facing deportation to Gaza, the fact he never lived there is unfortunately irrelevant. Palestinians do not have any status in Arab countries. Ironically they do have full legal rights in Israel. Most "foreigners" who are born and live their whole lives in Arab countries (and in places like Dubai they make of over 70% of the population) have no legal rights, no status and face being deported to their ancestors country of origin at any time and that is a serious hardship for many people even if their countries aren´t at war. This same situation Palestinians face now applies to Syrians and I happen to know one who is in a similar situation. He was were born in Saudi, had not even visited Syria for more than a few weeks and yet, he has a Syrian passport and if he were facing deportation (by Saudi, not hopefully Canada) would be returned to Syria. For some reason, this never seems to be of concern to human rights activists and that is tragic.

The marriage did fail immediately. Certainly unemployment, financial problems and trying to settle in a new country would stress a marriage. As for the sick child, that really does not stick as you are talking about mild symptoms that do not develop until later and the fact that it is raised does weaken the case and makes you question if there were other reasons. Sorry if I sound suspicious but it does sound like he may have either walked away because he foolishly thought he did not need her anymore or she had serious enough complaints to warrant ending the marriage so quickly knowing that the father of her child was facing being deported to a terrible place. Another marriage and having two more children in less than two years with a deportation order to a war zone hanging over his head sounds very convenient.

Even though Hamas and the PA are fighting, the status of Gaza is still part of the PA. In Dubai, he would have been considered Palestinian as his father`s citizenship would be conferred on him. Palestine´s disputed status obviously didn´t stop him from entering Canada with the identify of a Palestinian and was referred to the Palestinian authorities for travel documents.

I don`t think anyone should be deported to Gaza and said so. Perhaps as you said, a refugee claim would not have been an option since it would be difficult to prove that he faced any greater risk than any other Palestinian but would not a H&C claim have been possible. Did anyone contact UNRWA and see if he complied and left, he could be temporarily settled or given some other status somewhere else while a spousal claim was working its way through the system.

[26-11-2012,00:01]
[**.251.90.240]
Sabrina
(in reply to: Illogical CBSA and CIC Officers)
Sabrina

Watch the video of Tom Godfrey from last August on this site. acia.ca the Toronto Sun prevents removals of approximately 24 cases a year.

There is no CIC & CBSA watchdog.

You´re taking the article literally about the kidney transplant and putting Canadian values on it. Just offering a kidney is a huge H&C step. Few in any country would do the same. It is not Toronto General job to support or not support any medical operation by writing to a Visa Post.

The whole purpose of the visit is to do further testing and if a quality match, give a kidney that MIGHT save a life. I referred to this CVV application as a hail Mary pass and the issue is granting a visitor visa (not admitting him as a visitor).

Once he arrives at a POE Port of Entry additional steps can be taken if admittance is to be granted including having his sister sign a huge cash and performance bond to ensure he departs. There are options to CBSA & CIC to ensure he departs.

Issuing a visitor visa does not grant the person/visitor admission to Canada.

For the last few decades we have had 35,000 refugee claimants every year. Prior to the economic crash of 2008 a University of Toronto Professor claimed there was 600,000 illegals in Canada and 42,000 construction workers in the GTA who had no authorization to work in Canada or a work work permit. Would one more make such a difference?

Where is your heart, the lady is about to die? Would your opinion be different if it was your family member in the hospital?

"Stay on topic" stop supporting Israel and being critical of other countries.

The marriage failed immediately - get real. 1 in 4 marriages fail within the first year and they were in a genuine relationship which developed over time at work. The Canadian got pregnant, they married, had a sick child and must have had to prove that to that particular Visa Officer.

Yup all marriages that fail is because of the man - sexist are we?

An in Canada spousal sponsorship is part of the H&C process.

Now if this guy has been sitting at home lying on his couch watching Ophra and Judge Judy all day and not supporting his wife I would say there is a little if any reason to show compassion but this guy is hard working.

Do you realize how many persons with no or limited status never say "will you marry me" until it is too late because they do not want their partner to think that they are using them to get status?

Maybe you should consider going abroad and buying yourself a heart.

Roy
cvimmigration.com


[26-11-2012,07:01]
[***.113.87.90]
Roy
(in reply to: Illogical CBSA and CIC Officers)
Call me heartless if you wish, but my opinion would not be different if it was my loved one or even me.It said she had end stage kidney failure and she had been waiting 3 years. People die waiting and it is very unpleasant situation to live with. The diet restrictions alone are horrible because you have to control fluid but many do live for a long time on the waiting lists there was another story in the Star last week about a woman who waited 9 years, had a transplant and is well now. There is nothing really magic about this prospective donor. Since that lady`s immediate family here were not matches, her match could just as easily be here in Canada as in her home country. You are right, most people won`t volunteer to be a donor but that brings us back to the idea that this distant poor relative is willing.

Recently the 12 year old star of The Lion King on Broadway was diagnosed with leukemia and chemo did not work. She needed a bone marrow transplant but none of the thousands of registered donors matched. The theatre and many celebrities asked for people attending the show and others to be screened. She was of mixed race with ancestors from the Caribbean and instead of trying to bring in various distant cousins, they got celebrities like Rihanna and others from the Carribean to appeal to the many people there from the Caribbean. They got over 10,000 people to register but sadly were unable to find a match. The fact that those 10,000 people can now help save 10,000 other lives is a comfort to her family and they have continued to work with this in her memory. There are many other campaigns like this including here in Toronto. The basic testing is very quick and easy and does not commit the person to surgery but it provides a growing database to search. We need to do a lot more of this and people need to sign their donor cards and be aware that they can save a life.

There are many organizations that now work with the concept of chains of transplants. If you can`t find a donor for yourself, you get an individual to provide a kidney or other type of transplant for a stranger; they in turn provide another donor and the chain works its magic on many people. This may be what the family are looking at but her own relatives here could do that. Perhaps they could set an example of how this works and get needed publicity.

While I very much support the idea of informed consenting people volunteering to be donors and yes, I would do that for someone I loved, not just give a kidney to them but to a stranger if it would ultimately help them, but I don`t like the idea of people bringing their poor relations here to provide caregiver services that are not much better than slave labour or provide body parts. I really really don`t want to see that happening here because I am aware of how ugly the traffic of human organs and tissue is and human nature being what it is, I think a lot of people could be exploited. I would prefer if the family used the resources they are using on this to promote organ transplants here.

You keep talking about a sick child with the man from Gaza. That is just not true. The problem is a sort of politically correct way of saying the person is not very bright, they would not make certain milestones. There are many specific conditions that could be diagnosed in a newborn but that is not one of them. I think someone suggested to him that he add it to make the case stronger and I suspect actually weakened it.

He had valid reasons to leave Dubai and come here when his company folded. His residency there was tied to the job and it is very difficult to transfer a work permit and residency even if you can find another job and that is difficult now in Dubai. Millions of people suffer because of these restrictions and the way foreign workers are treated. Those who can`t return to their country of origin because of political reasons or wars are at risk. If he had not been married to a Canadian, he would have had little choice but to return to Gaza and consequently he would have had problems proving that the marriage was not one of convenience.

You called me sexist and that is not true. Sure marriages fail but something seriously happened in that marriage for it to break apart so quickly and severely that they separated and he got a removal order in less than a year. Personally, and I think I speak for a lot of women, if that was my husband and the father of my child, I would have put up with a lot, to prevent his being sent to such a troubled place as Gaza. The fact that they were not able to hold it together reflects there is more to that story and I don`t think there is anyway of knowing what happened. I think that the fact his life was held in limbo for so long after getting a removal order so quickly and then so many delays on enforcing it was unforgivable but I still find it really hard to accept that a responsible person would produce two more children knowing that was hanging over him. I think, like many people, he was told and chose to believe that if he had Canadian children or bought a house or held a job, he would not be deported. They refuse to believe that it does not always work.




[27-11-2012,13:52]
[**.251.90.240]
Sabrina
(in reply to: Illogical CBSA and CIC Officers)
I compleely agree with Sabrina. Thank you for voicing some opposition to that pompous moron named "Roy"
[29-11-2012,03:12]
[**.70.249.167]
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