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Complicated case, International student Refugee claimant, rejected!

OPatriots

Newbie
Jan 25, 2017
5
0
Hello there,
My friend came to Canada in 2008, as an international student. applied for SINP in end of 2012 and got the nomination in January 2013, but it was withdrawn because he didn't switch his study permit to a work visa and work (he was still going to school and wanted to go to school and work but he didnt inquire good enough on how to do both, and got a couple of injuries that didn't allow him to work), so the nomination got withdrawn from him in november 2013. He has issues with his father at his country of origin (Jordan) and fears for his life if he returns (since his father murdered his older brother because of having different life mentality). My friend lost his passport in 2013, hasnt applied for a replacement as he is scared for his life, and didnt to even consider going back. he applied for refugee, (then started working and still is), but got rejected. he appealed then got dismissed. he received the dismissal in the beginning of January 2017.

Please advise what can he do and what will be the next step.
Also please feel free to ask anything
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You'll need to follow the process for appealing your refugee refusal. See the link below. Note that you have limited time to apply for the appeal.

http://www.cic.gc.ca/english/refugees/inside/refusals.asp
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Ah - my bad. I see you've already appealed and been refused the appeal. Have you already gone to the Federal Court appeal stage and been refused/dismissed?
 

OPatriots

Newbie
Jan 25, 2017
5
0
no he hasnt applied to federal. he asked lawyers and said it will cost 5000$ to start the process and its a very slim chance to succeed if any, and another 5000 to continue if the appeal is granted.
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
As I see it, his only options are to go the federal route or leave Canada.
 

OPatriots

Newbie
Jan 25, 2017
5
0
leaving is not an option. can he do the federal route on his own without a lawyer? he cant afford one. would writing an MP for aid an option?
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You can't do it without a lawyer. Per the CIC web site: "A lawyer must apply for judicial review on your behalf."

I'm not sure an MP can help. I guess you could try going to your local legal aid clinic to see if they can help.

Leaving may end up being a forced option if the federal appeal is refused.
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
OPatriots said:
what if he went to the US border?
You can't claim asylum in the US due to the Safe Third Party Agreement. Entering the US is not an option.