need advise

[need]

Hi
I need some advice on asylum. I want to file asylum in Montreal. My sister in law (husband's brothers wife) has made our life miserable in India. She was having an extramarital affair and my husband caught her red handed. Since then she is filling false cases on my husband. Her father and brother come to my house and threatened me and tried to misbehave with me. I filed a complaint case against them. Police have registered a case but have never taken any action against her. When she found out about this case then she tried to put false case of rape against my husband. My husband is in deep depression right now. I am already in Canada. Can I file a refugee case here so that me my husband and our son doesn't have to go thru this trauma again. please explain how I can file the case.

 

[scylla]

Hi
I need some advice on asylum. I want to file asylum in Montreal. My sister in law (husband's brothers wife) has made our life miserable in India. She was having an extramarital affair and my husband caught her red handed. Since then she is filling false cases on my husband. Her father and brother come to my house and threatened me and tried to misbehave with me. I filed a complaint case against them. Police have registered a case but have never taken any action against her. When she found out about this case then she tried to put false case of rape against my husband. My husband is in deep depression right now. I am already in Canada. Can I file a refugee case here so that me my husband and our son doesn't have to go thru this trauma again. please explain how I can file the case.

This is not grounds for a refugee claim.

 

[Copingwithlife]

Just a stab in the dark, maybe you want to check to see what the definition of a refugee really is.
Filing for refugee in your case would make a mockery of those really fleeing for their lives , you know from reasons such as ; dictators , torture , wars, crimes against humanity, just to name a few
Having a crazy family member isn’t one of them

https://www.unrefugees.org/refugee-facts/what-is-a-refugee/

 

[need]

This is not grounds for a refugee claim.

They have threatened to kill my husband and rape me

 

[scylla]

They have threatened to kill my husband and rape me

You need to be working through the police and court systems in your country. Again, this isn't grounds for a refugee claim.

Also keep in mind that it takes years for claims to be process. So even with a successful claim, probably 3+ years before your son and husband would be able to come to Canada.

 

[need]

You need to be working through the police and court systems in your country. Again, this isn't grounds for a refugee claim.

Also keep in mind that it takes years for claims to be process. So even with a successful claim, probably 3+ years before your son and husband would be able to come to Canada.

Police in india is so corrupt. It's all bribe there. I am sick of giving bribes. My husband and son are also with me in Canada. I want to give good life to my son. Don't want live in that trauma.

 

[scylla]

Police in india is so corrupt. It's all bribe there. I am sick of giving bribes. My husband and son are also with me in Canada. I want to give good life to my son. Don't want live in that trauma.

If you want to give your son a good life in Canada, then I would very strongly recommend that you explore applying for permanent residency through an economic immigration program like Express Entry or the Provincial Nominee Programs.

Again, this isn't grounds for a refugee case. It's not recommended to apply for refugee status unless you qualify. Once you have a refused refugee application, you'll have to leave Canada and it will be difficult to return in the future. This will likely also complicate your ability to travel to other countries requiring visas.

 

[canuck78]

You are also expected to relocate within India to try and solve any problems. On those grounds alone you would refused asylum. If you don’t believe us that you don’t have grounds for asylum consult a few immigration lawyers in Canada. Just remember that lawyers are also business owners so if they guarantee they can get you asylum they are lying to you,

An example https://www.canadavisa.com/canada-immigration-discussion-board/threads/refugee-claimant-refused-need-advise.625318/

 

[canuck78]

Police in india is so corrupt. It's all bribe there. I am sick of giving bribes. My husband and son are also with me in Canada. I want to give good life to my son. Don't want live in that trauma.

An asylum refusal would also affect your son’s ability to study abroad if he was planning on applying in the future.

 

[need]

I tried to live somewhere else but Police can reach you anywhere. She has filed 498A case against us after I filed a complaint case against her. Under that 498A case, We all can be arrested. I have proof that she filed a case against us. I seriously need some help. I definitely don't want to go back. Any grounds please help.

 

[canuck78]

As @scylla has suggested, economic immigration is a much better option. Did you actually try to relocate in India? Yet again if you don’t believe us consult with a few immigration attorneys with all the evidence. Not wanting your family’s life to be difficult for a while and being unable to live in one’s country for fear of persecution is very different.

 

[need]

As @scylla has suggested, economic immigration is a much better option. Did you actually try to relocate in India? Yet again if you don’t believe us consult with a few immigration attorneys with all the evidence. Not wanting your family’s life to be difficult for a while and being unable to live in one’s country for fear of persecution is very different.

I am not expert with my words but yes we do have fear of persecution because of 498a case. Which is very serious in India and you can't relocate in India they will find us.

 

[jddd]

I am not expert with my words but yes we do have fear of persecution because of 498a case. Which is very serious in India and you can't relocate in India they will find us.

This is 498a:

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.

It looks like if you are subject to cruelty, your law PROTECTS you. How is section 498a dangerous to you?

 

[Buletruck]

Just to add, if you currently have criminal proceedings against you in India, you are probably criminally inadmissible to Canada as well. You can’t flee to Canada and claim asylum because there are legal proceedings against you. The Indian courts can petition Canada to return you to face trail as the is an extradition treaty between to two countries.

 

[Jimmy 2k]

This is 498a:

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.

It looks like if you are subject to cruelty, your law PROTECTS you. How is section 498a dangerous to you?

the indian 498a law is to protect women,it is the misuse of the law which causes the damage.

simply put:a woman(wife) can file a(false) 498a complaint and everyone on the complaint is a criminal and is punishable.To clear oneself though the courts it takes many years and the damage is done.