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Admissibility hearing never happened - why?

profugus

Full Member
Nov 25, 2017
38
6
I've filed an asylum claim on January 10. I was granted eligibility on January 24. CBSA was not present at the eligibility hearing. I've disclosed that I had a number of criminal charges and convictions in my home country. They only asked me to give them one of the judgments, which convicted me for assault causing bodily harm. I sent it to them with the English translation about a week before the eligibility hearing.

Several days later, in February I was arrested on a Canada-wide arrest warrant. This was already odd because the IRB official at the eligibility hearing said this won't happen, they would've arrested me there or never. I was detained for several weeks and released on bail. At the detention hearings the CBSA official told me that a disclosure is being prepared and I can expect an admissibility hearing.

This was in early March. The inadmissibility disclosure has never arrived, and I have my asylum hearing on 23 May, which is 4 days from now. Nobody I asked could explain why CBSA never set an admissibility hearing date, or why haven't they sent me anything. They are very well aware of my address, and once even called me to verify it. Plus I am to report personally once a month, so they could've given it to me personally at any of these times.

There is no sign that the asylum hearing will be postponed or suspended. There is no notice that either CBSA or the Ministry will intervene and participate in the hearing.

The only thing I can think of is that CBSA looked into the judgment and found that it's actually bullshit. This is exactly the basis of my claim: I was convicted on ridiculous grounds by a highly unfair court. I'll not go into deep details, but I know a thing or two about law in general and I know what I'm doing.

Has it ever happened to anyone that an admissibility hearing was promised, but never held?

I am also concerned that CBSA may intervene in my case while it's already in progress. The case is quite complicated and I expect IRB to hold multiple hearings. Can CBSA still hold an admissibility hearing until a decision was made? In other words, can they suddenly send that disclosure and set a date after I already had the asylum hearing, but a decision hasn't yet been made?
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
I've filed an asylum claim on January 10. I was granted eligibility on January 24. CBSA was not present at the eligibility hearing. I've disclosed that I had a number of criminal charges and convictions in my home country. They only asked me to give them one of the judgments, which convicted me for assault causing bodily harm. I sent it to them with the English translation about a week before the eligibility hearing.

Several days later, in February I was arrested on a Canada-wide arrest warrant. This was already odd because the IRB official at the eligibility hearing said this won't happen, they would've arrested me there or never. I was detained for several weeks and released on bail. At the detention hearings the CBSA official told me that a disclosure is being prepared and I can expect an admissibility hearing.

This was in early March. The inadmissibility disclosure has never arrived, and I have my asylum hearing on 23 May, which is 4 days from now. Nobody I asked could explain why CBSA never set an admissibility hearing date, or why haven't they sent me anything. They are very well aware of my address, and once even called me to verify it. Plus I am to report personally once a month, so they could've given it to me personally at any of these times.

There is no sign that the asylum hearing will be postponed or suspended. There is no notice that either CBSA or the Ministry will intervene and participate in the hearing.

The only thing I can think of is that CBSA looked into the judgment and found that it's actually bullshit. This is exactly the basis of my claim: I was convicted on ridiculous grounds by a highly unfair court. I'll not go into deep details, but I know a thing or two about law in general and I know what I'm doing.

Has it ever happened to anyone that an admissibility hearing was promised, but never held?

I am also concerned that CBSA may intervene in my case while it's already in progress. The case is quite complicated and I expect IRB to hold multiple hearings. Can CBSA still hold an admissibility hearing until a decision was made? In other words, can they suddenly send that disclosure and set a date after I already had the asylum hearing, but a decision hasn't yet been made?
This is likely all due to covid.
 

profugus

Full Member
Nov 25, 2017
38
6
You filed your claim this January according to the post.
Haha, no, the first post is from 2018. I didn't add the year to the story back then. I filed in January 2018, released from detention in March 2018, and waiting ever since.