Applying for Political asylum

[seantimba]

It makes no sense to file an asylum claim when your common-law spouse can sponsor you. Just get the sponsorship app submitted ASAP.

The common law relationship is ma red with domestic violence since we been together I have called 911 for assistance hence I am seriously co

 

[seantimba]

Ok, in his case sponsorship might have problems because of this PCC from his own country. That is the reason why he wants to use the refugee path now.

However if he wants to claim asylum because of his political views he needs to prove it first. That is how exactly was he engaged. That his views are not against humanity (for example anti-Semitic views). What kind of requests did he get so far from his own government and a potential just how dangerous returning there can be (how his political views are seen as opposition to the constitution of his country).
What can be problematic for his claim is things like:
Being able to contact his embassy and get more documents or even visit it (for things like a passport). Such thing will make his claim weaker. Recent visits of his country or staying in a country where Zimbabwe can ask for cooperation when handing over people who they need for questioning.
And of course staying long term in other country (especially if that does recognize conventional refugee system) and not claiming for asylum there.

You are on point If it was not for that PCC I would have gone ahead with the sponsorship but it's now a question my safety

 

[canuck_in_uk]

The common law relationship is ma red with domestic violence since we been together I have called 911 for assistance hence I am seriously co

Something you may have wanted to mention from the beginning. No one would encourage you to stay with an abusive partner for immigration purposes. I seriously suggest you seek assistance from domestic abuse agencies/organizations to leave the relationship.

 

[Bornlucky]

Life partners generally don't qualify their committed relationship as "continued goodwill". As someone who sponsored my common-law partner, it certainly was nothing like that. If "continued goodwill" is how you view your relationship with a life partner, that is quite sad.

On the completely random possibility of the partner dying mid-process, OP can file an H&C app, which given the child, is likely to be approved.

They also question the validity of a sponsorship app after a failed refugee app. There are several such cases here on the forum that were refused.

All the OP seems to have for the asylum case is the PCC showing a charge. At this point, the sponsorship app is the more sure route.

You don't need to burden yourself with how I view relationships generally, but your personal relationship experience may not have had the weight of events that this person is experiencing now, and "goodwill" is an expression of the continued legal cooperation that he'd need to relieve himself of that other problem he has, the fear bit. It would be really far further than simply "sad" to be a political prisoner in Zimbabwe and since relationships can fail for any number of reasons, editorially, your comment regarding my "view" is well off the mark.

I'd prefer personally to be addressing my safety issues before I go about any other sort of status pursuit. If you don't acknowledge the sur place aspect of refugee law that's fine, for you, but it is his life and this "charge" looks to come from his on-line postings after leaving his country. Ergo, his evidence is all over the internet in his writings, and the warrant for his arrest is the cherry on the proverbial sundae. They've read his postings, they don't like his postings, and they're going to fix his wagon when they get their hands on him.

Will he win at the Board? I like his odds and I hope that he lets us know because it is a fascinating (and resented) precedent in refugee law and he looks to fit neatly into it. If the Board doesn't like his case it is quite likely that the Federal Court may.

Still - he should get a lawyer for legal advice and then he can discuss these differing views with someone paid to look after his interests.

Enjoy your day

 

[canuck78]

You don't need to burden yourself with how I view relationships generally, but your personal relationship experience may not have had the weight of events that this person is experiencing now, and "goodwill" is an expression of the continued legal cooperation that he'd need to relieve himself of that other problem he has, the fear bit. It would be really far further than simply "sad" to be a political prisoner in Zimbabwe and since relationships can fail for any number of reasons, editorially, your comment regarding my "view" is well off the mark.

I'd prefer personally to be addressing my safety issues before I go about any other sort of status pursuit. If you don't acknowledge the sur place aspect of refugee law that's fine, for you, but it is his life and this "charge" looks to come from his on-line postings after leaving his country. Ergo, his evidence is all over the internet in his writings, and the warrant for his arrest is the cherry on the proverbial sundae. They've read his postings, they don't like his postings, and they're going to fix his wagon when they get their hands on him.

Will he win at the Board? I like his odds and I hope that he lets us know because it is a fascinating (and resented) precedent in refugee law and he looks to fit neatly into it. If the Board doesn't like his case it is quite likely that the Federal Court may.

Still - he should get a lawyer for legal advice and then he can discuss these differing views with someone paid to look after his interests.

Enjoy your day

Before telling someone they have a good chance of getting asylum shouldn't you at least read the previous posts?

 

[seantimba]

You don't need to burden yourself with how I view relationships generally, but your personal relationship experience may not have had the weight of events that this person is experiencing now, and "goodwill" is an expression of the continued legal cooperation that he'd need to relieve himself of that other problem he has, the fear bit. It would be really far further than simply "sad" to be a political prisoner in Zimbabwe and since relationships can fail for any number of reasons, editorially, your comment regarding my "view" is well off the mark.

I'd prefer personally to be addressing my safety issues before I go about any other sort of status pursuit. If you don't acknowledge the sur place aspect of refugee law that's fine, for you, but it is his life and this "charge" looks to come from his on-line postings after leaving his country. Ergo, his evidence is all over the internet in his writings, and the warrant for his arrest is the cherry on the proverbial sundae. They've read his postings, they don't like his postings, and they're going to fix his wagon when they get their hands on him.

Will he win at the Board? I like his odds and I hope that he lets us know because it is a fascinating (and resented) precedent in refugee law and he looks to fit neatly into it. If the Board doesn't like his case it is quite likely that the Federal Court may.

Still - he should get a lawyer for legal advice and then he can discuss these differing views with someone paid to look after his interests.

Enjoy your day

I found this in the Handbook on procedures and criteria for determining refugee status under the 1951 convention
(f) Political opinion
80.Holding political opinions different from those of the Government is not itself a ground for claiming refugee status, and an applicant must show that he has a fear of persecution for holding such opinions .This presupposes that the applicant holds opinions not tolerated by the authorities which are critical of their policies or methods. It also presupposes that such opinions have come to the notice of the authorities or are attributed to them by the applicant. The political opinion of a teacher or writer may be more manifest than those of a person in less exposed position

 

[Bornlucky]

Before telling someone they have a good chance of getting asylum shouldn't you at least read the previous posts?

He should hire a lawyer, obviously, but since you must have the last word be my guest.

 

[canuck78]

He should hire a lawyer, obviously, but since you must have the last word be my guest.

He already has a lawyer. He arrived on a WP, then tried to file for a OWP/TRP and after that was refused is applying for asylum. This is not a simple case. You should be seeking legal counsel but this is not a simple asylum case.

 

[jddd]

I found this in the Handbook on procedures and criteria for determining refugee status under the 1951 convention
(f) Political opinion
80.Holding political opinions different from those of the Government is not itself a ground for claiming refugee status, and an applicant must show that he has a fear of persecution for holding such opinions .This presupposes that the applicant holds opinions not tolerated by the authorities which are critical of their policies or methods. It also presupposes that such opinions have come to the notice of the authorities or are attributed to them by the applicant. The political opinion of a teacher or writer may be more manifest than those of a person in less exposed position

The problem with just reading the manual is that we tend to focus on sections that “seem” to favour us most. Yours is not a simple asylum case. What solid proof do you have that the police certificate generating the wanted for questioning tag is due to your facebook posts?

Hire a lawyer should you go through this route.

 

[seantimba]

The problem with just reading the manual is that we tend to focus on sections that “seem” to favour us most. Yours is not a simple asylum case. What solid proof do you have that the police certificate generating the wanted for questioning tag is due to your facebook posts?

Hire a lawyer should you go through this route.

it's unfortunate that you don't understand how ruthless the Zimbabwean military run government works no one will come to save prevention is better cure.
When I applied for a nèw passport, I also applied for a new birth certificate and national i.d and since I couried the application package to my sister in Zimbabwe one of the officers at the Interpol lost passport department told my sister that your brother is wanted for questioning for things he is spreading on social media and they refused to issue the birth certificate and national i.d.

 

[jddd]

it's unfortunate that you don't understand how ruthless the Zimbabwean military run government works no one will come to save prevention is better cure.
When I applied for a nèw passport, I also applied for a new birth certificate and national i.d and since I couried the application package to my sister in Zimbabwe one of the officers at the Interpol lost passport department told my sister that your brother is wanted for questioning for things he is spreading on social media and they refused to issue the birth certificate and national i.d.

Not knowing the climate in Zimbabwe does not invalidate my question. If on a forum you can’t answer about your solid proof, how do you expect to answer in front of whomever will decide your case. What happened to your brother and sister will not be accepted by IRCC, they are not the ones claiming asylum. Again, get solid proof. Retain a lawyer. Good luck.

 

[seantimba]

The problem with just reading the manual is that we tend to focus on sections that “seem” to favour us most. Yours is not a simple asylum case. What solid proof do you have that the police certificate generating the wanted for questioning tag is due to your facebook posts?

Hire a lawyer should you go through this route.

Hi again a I hired a human rights lawyer in Zimbabwe and has been given the charge sheet which states that the charges eminated from the Facebook live video, and it has happened now this week that the government shutdown the entire internet of Zimbabwe for a week while they carried out tortures and killings of protesters.

 

[jddd]

Hi again a I hired a human rights lawyer in Zimbabwe and has been given the charge sheet which states that the charges eminated from the Facebook live video, and it has happened now this week that the government shutdown the entire internet of Zimbabwe for a week while they carried out tortures and killings of protesters.

Same answer - get a lawyer.

 

[Clerick90]

Given your previous applications your asylum claim will be difficult. If you needed asylum you should've applied 2 years ago or even a year ago instead an OWP/TRP. Your previous post said that you had been living in South Africa and not Zimbabwe. Were you living in South Africa? You must have had some sort of status in South Africa have qualified for a work permit in 2016. What was your status there? Are you still in a common law relationship? Have you been living together for 12 months? Have you file for common law as has been suggested before? How have you been supporting yourself for over a year bu sounds like closer to 2 years?

İ have a question.İf someone has a visitor visa from 2017 and he or she has not visited Canada since 2017 in this situation if he or she visits Canada in 2021 will that person be able to claim a polytical asylum?

 

[scylla]

İ have a question.İf someone has a visitor visa from 2017 and he or she has not visited Canada since 2017 in this situation if he or she visits Canada in 2021 will that person be able to claim a polytical asylum?

Yes, you can.

Make sure you review the requirements to travel at this time (i.e. requirement to be fully vaccinated to travel using a vaccine recognized by Canada).

Also, you will likely want to explain in your claim why you are only claiming asylum now given you've had a TRV since 2017. You'll want to explain what has recently changed in your situation.