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Basic questions about asylum

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ranarajni15

Member
Mar 16, 2015
12
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Hello everyone

I am Canadian citizen and I would like ask few questions here on the behalf of my brother who will be applying for asylum at port of entry and he will enter from US. I have below few questions:
1. How long CBSA officers will keep him there to complete process?
2. What questions he can expect there
3. Is there any chance he will be sent back from border to US?

Thanks
 
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Buletruck

VIP Member
May 18, 2015
6,813
2,636
  1. Expect several hours as a minimum while they confirm his identity and review his application.
  2. Why is he claiming assylum, what are the reasons, does he have family in Canada, does he have a criminal record, are there outstanding charges against him at home or anywhere else, has he ever committed crimes against humanity, has he been a member of a radical organization or terrorist organization, does he have family in his home country to name a few.
  3. Unless he is inadmissible, probably not. And he would be returned to the US, he would be returned home. Same thing if his claim is denied.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5746-applying-refugee-protection-within-canada.html
 
R

ranarajni15

Member
Mar 16, 2015
12
0
Buletruck said:
  1. Expect several hours as a minimum while they confirm his identity and review his application.
  2. Why is he claiming assylum, what are the reasons, does he have family in Canada, does he have a criminal record, are there outstanding charges against him at home or anywhere else, has he ever committed crimes against humanity, has he been a member of a radical organization or terrorist organization, does he have family in his home country to name a few.
  3. Unless he is inadmissible, probably not. And he would be returned to the US, he would be returned home. Same thing if his claim is denied.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5746-applying-refugee-protection-within-canada.html
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Thanks for providing information in detail. Just a quick: Does he required to fill all forms when he arrive at port of entry or he can submit it with BOC to IRB.
 
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canuck78

VIP Member
Jun 18, 2017
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It looks like it will take approximately 20 months to get a hearing. The success rate for many south east Asian countries except a few minorities is quite low make sure you research what is required for asylum. If a case for asylum is refused it makes it much more difficult, if not impossible, to get a trv, student visa, etc. Also effects travel to other countries.
 
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ranarajni15

Member
Mar 16, 2015
12
0
canuck78 said:
It looks like it will take approximately 20 months to get a hearing. The success rate for many south east Asian countries except a few minorities is quite low make sure you research what is required for asylum. If a case for asylum is refused it makes it much more difficult, if not impossible, to get a trv, student visa, etc. Also effects travel to other countries.[/QUOTE

Thanks for your feedback dear. Actually he has left with no option. I am a Rajput Hindu girl from india and married to Muslim guy from Pakistan. Our marriage had been in problem since we got married as it’s not acceptable such interfaith Marriages in india. Hindu extremists labled our marriage as love jihad.
Click to expand...
 
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canuck78

VIP Member
Jun 18, 2017
54,555
13,241
Just warning you that you and your spouse will be asked to show how you have been targeted specifically and what steps you have taken to try to live in your own country. Police records, hospital records if you have been attacked, etc as well as steps you have taken like moving to another region of the country, etc
 
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Buletruck

VIP Member
May 18, 2015
6,813
2,636
Many of the forms will need to be submitted at the border (review the guide) before being assessed for submission to the irb. This is done by CBSA at the point of entry, or he can do it at an immigration office after he enters. He can fill some of the forms in advance (and it’s recommemded).

How has your marriage personally affected your brother? He will have to be careful what he is claiming as disputes like this can be difficult to prove as anything other than personal issues. Has he tried relocating to other regions in india? Does he have documentation of incidents? With you in Canada, any previous attempts to come here that were denied may lead irb to believe he may be a refugee of convienience. Be aware that refugee cases from India have a fairly low level of acceptance.

http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Pages/RefDef05.aspx
 
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ranarajni15

Member
Mar 16, 2015
12
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Actually this asylum is for my brother not for us because we already have Canadian citizenship. And I didn’t go india since I got married. I do have Facebook messages in which extremist groups threaten me. My brother and dad had supported me even though extremist hindu groups threatened them. My dad passed away last year in November.
 
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canuck78

VIP Member
Jun 18, 2017
54,555
13,241
Given he is not the one in the interfaith marriage I would say the chances of getting asylum are very low. Especially if you have no records of him being attacked or threats directed at him at the very least. I would consult with a lawyer before you try and apply for asylum. His case is not strong and a refusal could prevent him from visiting you in the future as well as many other countries as well as working or studying abroad in many countries. Couldn't he try studying in Canada?
 
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ranarajni15

Member
Mar 16, 2015
12
0
We do have copy of police complaint and doctor’s report when he got treatment for depression in india.
Student visa is not option for him because there is very little chance of approval as we don’t have mom and dad. Canadian government ask for surety that student will go back after completing studies. I know it because I did come as international student and applied for immigration afterwards
 
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Buletruck

VIP Member
May 18, 2015
6,813
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How old is he? I don’t know that with your fathers recent death and only a complaint to the police,plus depression that that would be sufficient. Just being honest, but it looks to be a refugee of convienience......sorry.
 
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