Asking for a friend: Any chance her refuge request will be accepted?

[cortex471]

Hi Members,

We met a sad and distressed Arab lady at the park, we listened to her and learned she's trying to seek refuge in Canada. I wasn't sure about her case and wanted to ask the knowledgeable people here so I can help her avoid wasting time and money:

She's a lady from a Middle Eastern country, has 3 kids (girls) one of them is a Canadian she gave birth to while on a previous visitor visa. She was given another visitor Visa, and decided to come here and seek refuge. The current visa hasn't expired yet but will in a month from now.

What she's basically claiming is that life in her home country is becoming very hard because her husband is a government official who had opinions backing public movements asking for social and political changes.


What are her chances? Please let me know and I'll pass your thoughts to her.

 

[Nelan]

Hi Members,

We met a sad and distressed Arab lady at the park, we listened to her and learned she's trying to seek refuge in Canada. I wasn't sure about her case and wanted to ask the knowledgeable people here so I can help her avoid wasting time and money:

She's a lady from a Middle Eastern country, has 3 kids (girls) one of them is a Canadian she gave birth to while on a previous visitor visa. She was given another visitor Visa, and decided to come here and seek refuge. The current visa hasn't expired yet but will in a month from now.

What she's basically claiming is that life in her home country is becoming very hard because her husband is a government official who had opinions backing public movements asking for social and political changes.


What are her chances? Please let me know and I'll pass your thoughts to her.

Meet with Layer from Legal aid .

 

[k.h.p.]

She needs to talk to a lawyer. The thoughts of people here aren't worth much in the context of half a reported conversation, sadly.

Refugee and asylum cases depend heavily on the threats faced by someone in their home country. If "life becoming very hard" amounts to a threat to her life or safety, then maybe. But she needs a lawyer.

 

[Bornlucky]

Hi Members,

We met a sad and distressed Arab lady at the park, we listened to her and learned she's trying to seek refuge in Canada. I wasn't sure about her case and wanted to ask the knowledgeable people here so I can help her avoid wasting time and money:

She's a lady from a Middle Eastern country, has 3 kids (girls) one of them is a Canadian she gave birth to while on a previous visitor visa. She was given another visitor Visa, and decided to come here and seek refuge. The current visa hasn't expired yet but will in a month from now.

What she's basically claiming is that life in her home country is becoming very hard because her husband is a government official who had opinions backing public movements asking for social and political changes.


What are her chances? Please let me know and I'll pass your thoughts to her.

Hi, sorry to hear about someone who's so stressed.

It's hard to predict outcomes.

Her issue seems to be one for political asylum, so evidence of her husband and his role in political issues, the threats and/or actions involving a state agent - publications, party membership, warrants, etc.

It's about persecution or risk to life or torture, so evidence of those practices and how they intersect with the claimant. Life becoming hard isn't sufficient. For example, discrimination isn't persecution because it doesn't rise to that level of harm, and that's part of the test for Convention refugee status. Picky, picky stuff, I know but it's the seed of this grape.

The citizenship of the children is immaterial - the mother will be the subject of the conditional removal order and the children can stay forever in Canada even after her possible removal. It is up to the parent where the kids reside, with or without her.

A refugee claim has its downsides and a failed refugee claim has some long term negatives. In my experience you hire the best immigration lawyer that you can afford and have them be your pillar to post representative for every exhausting stage of each immigration process.

Please advise her to go see a qualified immigration lawyer with a good reputation and get the advice from a more reliable and accountable source.

Good luck

 

[canuck78]

Has the family looked to see if they qualify for immigration via other routes? Where are her children and her husband at the moment? If they are not in Canada she is likely looking at many years of separation if she applies for asylum except the Canadian citizen. The fact that she got a visa is surprising. Maybe she is no longer at an age where she can get pregnant. She needs concrete proof of threats against her. Threats directed against her are what is important.

 

[cortex471]

Has the family looked to see if they qualify for immigration via other routes? Where are her children and her husband at the moment? If they are not in Canada she is likely looking at many years of separation if she applies for asylum except the Canadian citizen. The fact that she got a visa is surprising. Maybe she is no longer at an age where she can get pregnant. She needs concrete proof of threats against her. Threats directed against her are what is important.

Yes, she was looking at getting worker visa but she wasn't sure if she can do that being on visitor visa.

 

[cortex471]

Thanks everyone for your answers and thoughts, I advised her to see a lawyer and she's currently talking to a potential lawyer that might help her.

 

[scylla]

Yes, she was looking at getting worker visa but she wasn't sure if she can do that being on visitor visa.

It's possible but difficult. She would need to secure a job offer from a Canadian employer and that employer would need to obtain an approved LMIA. Only then would she qualify for a work permit. The LMIA process takes a number of months to complete and it's generally very difficult to find employers willing to do this. But she can certainly try.

 

[canuck78]

Thanks everyone for your answers and thoughts, I advised her to see a lawyer and she's currently talking to a potential lawyer that might help her.

If she decides to make an asylum claim she will have to realize that she will be separated from most of her family for many years. She will need proof that she is being persecuted. Life being difficult is not enough. She has to show that her (not her husband’s) life is at risk. If she is in Canada she must have been here since March. She will also have explain why she didn’t apply for asylum right away and only at the end of her visa. I assume she may have been looking for a job since arriving before March.

 

[GarethBale]

So there is more chance if you apply immediately?

 

[scylla]

So there is more chance if you apply immediately?

It's not really about when you apply. What really matters is how strong your case is.

 

[canuck78]

So there is more chance if you apply immediately?

She would meet with a lawyer to talk about whether she has a good chance of being approved and whether she has sufficient proof. A negative asylum result can have negative longterm consequences like not being able ro travel to other countries. for a long time.

 

[vensak]

It's not really about when you apply. What really matters is how strong your case is.

yes and no. Delayed time to apply can weaken her case (unless that was a recent change that made it impossible for her to return).

However the whole story is a bit fishy.
From what little I understood, this was most likely a case of birth tourism before. Unless she had extended visitor visa before (let say 1 year long visitor visa).
And from here is just my opinion.

The whole thing sounds as somebody desperate to get in by other means. Maybe upon discovering, that Canadian child will not give her any rights to stay (or to get quick PR), refugee claim or H&C might be on the table.
It might be that just like with that birth in Canada idea (which can be rather expensive), she might still have a bit too simple idea of how asylum claim works (either because too simplified and romanticized picture about it in her home country or because of story of somebody who got it 20-30 years ago, when lot of was different).
Just like other pointed out, that according to the given information there does not seem to be a case for asylum claim for now (being in opposition or being unpopular politician in the eyes of government by itself is not enough; not to mention that she has to prove that her life is in danger as well and not just her husbands).

As for the working visa, also there is an exception ongoing (because of covid applicants can ask for working visa from Canada), that does not mean that other things will have to be kept. And one of those is LMIA of course. And that can and mostly takes more than 1 month to be approved.

How about her and express entry, what are her (or her husbands) chances there? How about provincial nominations?

 

[kabayan]

Hi Members,

We met a sad and distressed Arab lady at the park, we listened to her and learned she's trying to seek refuge in Canada. I wasn't sure about her case and wanted to ask the knowledgeable people here so I can help her avoid wasting time and money:

She's a lady from a Middle Eastern country, has 3 kids (girls) one of them is a Canadian she gave birth to while on a previous visitor visa. She was given another visitor Visa, and decided to come here and seek refuge. The current visa hasn't expired yet but will in a month from now.

What she's basically claiming is that life in her home country is becoming very hard because her husband is a government official who had opinions backing public movements asking for social and political changes.


What are her chances? Please let me know and I'll pass your thoughts to her.

She can talk to a lawyer or an RCIC. The people in this forum will not be able to tell you on the percentage of her chances. A claim for refugee protection goes through the IRB. She would have to provide evidence of fear from persecution and that there is no other option for her but to seek protection here in Canada. It is a long process that also requires a lot of documentation so if she wants to apply as a refugee, ask her to seek for legal advise. The tribunal is like a court proceeding but only smaller. She will be given a chance to present her case. It is better that she is represented.

 

[canuck78]

So there is more chance if you apply immediately?

No but it is clear that she is at the end of her 6 months and is trying to find a way to remain in Canada. It may appear that she is only applying because she has not found a job in Canada which I assume was her original plan. It will always come down to her proof that her life is at risk.