Medical grounds refugee claim
- Thread starter amitgoraya
- Start date
Who advised you to apply as a refugee? This was awful advice. I would anticipate that your parents will be denied. Frustrating that you applied for asylum just so the Canadian tax payer could pay for his care. Your insurance should have paid.
Though I symphatize with what happened to your father, using the refugee system to get free health care is wrong.
My thoughts are that when your parents are refused because they are not real refugees, then you and your siblings should send them money to live on and provide for whatever else they need.
My thoughts are that when your parents are refused because they are not real refugees, then you and your siblings should send them money to live on and provide for whatever else they need.
This is an H&C case. Not sure if they would get approved but due to the lack of health coverage they applied for asylum. Because of the backlog this case was not denied quickly. There will come a time where your father will no longer qualify for healthcare. You then would have to wait until you can apply for H&C and then wait to see if you get AIP. That is easily 2-3 years where he will not have coverage. Insurance should have paid for care and probably return to facility in India once stable enough.
Some days I just can’t help but think the system is sooo broken.......
Your mother is clearly making a gender-based claim and the IRB has established guidelines that you can find here: https://irb-cisr.gc.ca/en/legal-policy/policies/Pages/GuideDir04.aspx
Asking for legal advice on line is different than asking for processing tips for simpler applications because of the discretion of the decision-makers, the evolution of Federal Court decisions and the devil existing in the details of individual cases. Look to your lawyer.
Have you got a chance? This won't be too new for the IRB given their experience so look up Federal Court of Appeal cases and gender-related cases from whatever country your parents are from. Also, do you recollect your home country as so completely lawless, uncultured and barbarous that women in your mother's situation live under such threats? Those few countries exist, but is that your recollection of your country because they'll wish to see some evidence.
Your father has experienced a terrible tragedy, so I wish you well and I suggest that you consult a lawyer about your father's medical insurance and any deficiencies in their coverage because the current refugee claim "solution" could end suddenly with a negative decision.
This seems to be a case of finding the best choice of asylum reasons. Is there any proof of her persecution? Why did you only file for asylum after you husband had a major accident and needed medical care? Do you have family in your home country? You have many children one could have returned to stay with you in your home country. Based on your last name I would imagine that OP comes from south east Asia. Based on his own admission they only filed for asylum receive medical care. All these things will likely be brought up in the asylum hearing. I have seen others on this forum run into similar issues and they paid for care and didn't file false asylum claims. Assume they are also now receiving welfare.
Should add that as children I am sure you were already ending your parents money and would continue to do so if your money is unable to work.
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Agree with the comments posted.
Probably an H&C case could have worked. This is not a case for asylum and will be refused sooner or later.
Based on the OP's name, he is from Punjab, India. There's no persecution nor threat to life to anyone there. There are no problems for a woman living alone.... and/or with a paralyzed spouse in a village.
They lived earlier in the same village without any perceptions of danger. So, not sure what makes the OP to believe that his mom has a case for asylum based on the 'danger' to her home only because his dad is paralyzed.
In fact, living in a village is more likely to result in support from others in the community.... except, of course, to pay for the medical care!
Curious to know how his parents were granted TRVs in the first place. Sorry, can't help wondering if their TRV applications were genuine considering the OP's post
Probably an H&C case could have worked. This is not a case for asylum and will be refused sooner or later.
Based on the OP's name, he is from Punjab, India. There's no persecution nor threat to life to anyone there. There are no problems for a woman living alone.... and/or with a paralyzed spouse in a village.
They lived earlier in the same village without any perceptions of danger. So, not sure what makes the OP to believe that his mom has a case for asylum based on the 'danger' to her home only because his dad is paralyzed.
In fact, living in a village is more likely to result in support from others in the community.... except, of course, to pay for the medical care!
Curious to know how his parents were granted TRVs in the first place. Sorry, can't help wondering if their TRV applications were genuine considering the OP's post
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Pretty frustrating that a Canadian citizen is likely stuck in hospital bed waiting for that spot. Assume that the Canadian taxpayer or PGP applicants pay a bed fee but in this case the government is probably picking that cost as well. Usually in these cases insurance stabilizes the person and flies them back home once stabilized. It is pretty rare for elderly people to become quads. Maybe a car accident but that is still pretty rare.
I have sympathy but not for fraudulently using the system. It is clear the he wanted his parents to remain in Canada. If he had insurance it should have paid for care and care to get home. Instead of that option they filed a false refugee claim to get health coverage. Many others paid for parents to receive care or made the difficult choice for their parent to return home because they didn't have the funds to care for them in Canada.
What OP doesn't realize is that they will end up having pay the the get denied and will also not have the option of the insurance company paying for his parents to get home with medical help. Wish that there were more repercussions for the blatant fraud. The person got lucky and filed when there was a huge backlog.
This situation is a bit different. The majority of the family lives in Canada and is somewhat aware of the rules. The goal was to get health coverage. I remind people on a regular basis that supervisa and travel medical insurance won't allow their sick family member to remain in Canada to get treatment it is just to treat and stabilize them. Feel like there may be more to this story.
Well if you see your self in this situation then you will be able to realize how is this situatuion on a family whose father is in this stage and he cannot let him go back home when all of the family are settled in canada. Yes did apply to save dad life and mother as if you women is always a prey for people when they are alone or of their spouse.