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Refugee Claimant CBSA Inadmissibility Hearing by DUI Charge

gordonex

Newbie
Nov 12, 2023
7
1
Hello,
This is my first post. I am a refugee claimant living in Toronto, Ontario.

My refugee hearing was delayed because of an incident that occurred on May 6, 2023. Ultimately resulting in my DUI charge on March 19, 2024. During the court process I received a letter stating that my application for my refugee status was placed on hold.

The charge is 320.14(1)(b) Impaired driving/operation over 80 bac, a hybrid offence, but The Crown elected summarily.

And I received the CBSA inadmissibility hearing letter and e-mail three days before.

What should I expect during the hearing ?

What normally happens during a hearing?

Has anyone had the same experience as me, and if so, are you willing to share your experience?

Is there anything I can do to prepare for my CBSA hearing? Are there any actions I can do before this hearing?

Thanks for all answers,
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,
This is my first post. I am a refugee claimant living in Toronto, Ontario.

My refugee hearing was delayed because of an incident that occurred on May 6, 2023. Ultimately resulting in my DUI charge on March 19, 2024. During the court process I received a letter stating that my application for my refugee status was placed on hold.

The charge is 320.14(1)(b) Impaired driving/operation over 80 bac, a hybrid offence, but The Crown elected summarily.

And I received the CBSA inadmissibility hearing letter and e-mail three days before.

What should I expect during the hearing ?

What normally happens during a hearing?

Has anyone had the same experience as me, and if so, are you willing to share your experience?

Is there anything I can do to prepare for my CBSA hearing? Are there any actions I can do before this hearing?

Thanks for all answers,
Get a lawyer asap.
 

gordonex

Newbie
Nov 12, 2023
7
1
Get a lawyer asap.
Hi Scylla,

I got My deportation letter on CBSA appointment and I talked to my lawyer after, who was doing my refugee case.

His opinion; Judicial review will not work. And costly. We should wait for PRRA.

Is it proper way to do? Or do I need to consult any other lawyer?

Thank you so much.
 
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scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi Scylla,

I got My deportation letter on CBSA appointment and I talked to my lawyer after, who was doing my refugee case.

His opinion; Judicial review will not work. And costly. We should wait for PRRA.

Is it proper way to do? Or do I need to consult any other lawyer?

Thank you so much.
I don't know. This is beyond my level of knowledge.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,519
Hi Scylla,

I got My deportation letter on CBSA appointment and I talked to my lawyer after, who was doing my refugee case.

His opinion; Judicial review will not work. And costly. We should wait for PRRA.

Is it proper way to do? Or do I need to consult any other lawyer?

Thank you so much.
where are you from because PPRA approval rates are very low except a few counties? You can also end up in limbo with approved PPRA and inadmissibility. You need an immigration lawyer who will work with your criminal lawyer.
 

dehna

Newbie
May 13, 2024
4
1
Hello,
This is my first post. I am a refugee claimant living in Toronto, Ontario.

My refugee hearing was delayed because of an incident that occurred on May 6, 2023. Ultimately resulting in my DUI charge on March 19, 2024. During the court process I received a letter stating that my application for my refugee status was placed on hold.

The charge is 320.14(1)(b) Impaired driving/operation over 80 bac, a hybrid offence, but The Crown elected summarily.

And I received the CBSA inadmissibility hearing letter and e-mail three days before.

What should I expect during the hearing ?

What normally happens during a hearing?

Has anyone had the same experience as me, and if so, are you willing to share your experience?

Is there anything I can do to prepare for my CBSA hearing? Are there any actions I can do before this hearing?

Thanks for all answers,
Hi Gordonex. I am in the same boat. What happened now? Did you go to the CBSA meeting?
 

gordonex

Newbie
Nov 12, 2023
7
1
where are you from because PPRA approval rates are very low except a few counties? You can also end up in limbo with approved PPRA and inadmissibility. You need an immigration lawyer who will work with your criminal lawyer.
Thank you for reply. I heard about that 3.5 percent chance to get. I’m from Turkey. My immigration lawyer wasn’t good I think. I’m looking for another lawyers who can do that kinda things.
 

dehna

Newbie
May 13, 2024
4
1
Hi. I understand that it is very stressful situation. But don't worry if you have family after this stage you can apply for H & C. Also TRP is another way to overcome on criminal records.
 

forevermore76

Hero Member
May 19, 2024
608
188
Save yourself the disappointment of making appeals and buying time only to ultimately be deported. I saw in news recently, some guy who never qualified for asylum kept buying time and kept planting roots in Canada only to be deported 7 years later. CBSA have him under arrest right now and they are very likely going to follow through on his deportation.

Obviously, you have a criminal record now and are currently inadmissible. Rehabilitation takes time so focus on that and apply from outside Canada when ready.

That said, you do you.
 
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dehna

Newbie
May 13, 2024
4
1
Save yourself the disappointment of making appeals and buying time only to ultimately be deported. I saw in news recently, some guy who never qualified for asylum kept buying time and kept planting roots in Canada only to be deported 7 years later. CBSA have him under arrest right now and they are very likely going to follow through on his deportation.

Obviously, you have a criminal record now and are currently inadmissible. Rehabilitation takes time so focus on that and apply from outside Canada when ready.

That said, you do you.
I'm sorry to hear that you are speaking from a higher position. Everyone makes mistakes. I believe that if someone is fully aware and understands the rules, they will act cautiously, and someone who doesn't know the rules isn't at fault in my view. However, legally, it's difficult to prove ignorance of an act. I am well aware that there is no justice in Canadian courts. The prosecutor often implies guilt, leading to convictions, and many charter rights are not respected.
 
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forevermore76

Hero Member
May 19, 2024
608
188
I'm sorry to hear that you are speaking from a higher position. Everyone makes mistakes. I believe that if someone is fully aware and understands the rules, they will act cautiously, and someone who doesn't know the rules isn't at fault in my view. However, legally, it's difficult to prove ignorance of an act. I am well aware that there is no justice in Canadian courts. The prosecutor often implies guilt, leading to convictions, and many charter rights are not respected.
I'm just stating the reality of the situation as I see it. And those are some really strong words, if you think Canada has no justice look around the world. Anyways, all the best to you!