Entry for further examination help

[rampantbull]

Hi all,

My parents, who have a super visa since 2018 were detained by CBSA for 10 hours yesterday, seized their passports, and now they have another examination in 10 days.
They are Indian nationals and my day was an ex-police officer (retired in 2018). From what I understand, they interviewed him heavily about his past work and whether he was involved in any human rights violation.

My question is how does one prove that, there are no such cases against my father (active or in the past). His police clearance certificate is clean. He even stayed in Canada for two years during his last visit (2019 - 2021). So this seems to be a recent development with the India-Canada relations. I don't wanna speculate but from what I can find online, this seems like a default behavior towards Indian ex law enforcement officers, which hardly seems fair.

I should mention that their PR file where I'm the sponsor has been in process for 4 years, and I always thought that was taking long due to his job, but it was more like a general thing where you have to do a more thorough background check on government employees.

Has anyone had any experience with a case like this? I will be getting a counsel to guide me but I will appreciate any advise I can get here.

 

[scylla]

Hi all,

My parents, who have a super visa since 2018 were detained by CBSA for 10 hours yesterday, seized their passports, and now they have another examination in 10 days.
They are Indian nationals and my day was an ex-police officer (retired in 2018). From what I understand, they interviewed him heavily about his past work and whether he was involved in any human rights violation.

My question is how does one prove that, there are no such cases against my father (active or in the past). His police clearance certificate is clean. He even stayed in Canada for two years during his last visit (2019 - 2021). So this seems to be a recent development with the India-Canada relations. I don't wanna speculate but from what I can find online, this seems like a default behavior towards Indian ex law enforcement officers, which hardly seems fair.

I should mention that their PR file where I'm the sponsor has been in process for 4 years, and I always thought that was taking long due to his job, but it was more like a general thing where you have to do a more thorough background check on government employees.

Has anyone had any experience with a case like this? I will be getting a counsel to guide me but I will appreciate any advise I can get here.

I would hire an immigration lawyer. Sounds like the PR application may have triggered a review of his admissibility. The fact his police clearance is clean is pretty irrelevant to the conversation. This is about what jobs and roles he had as a law enforcement officer and whether those job and roles involved human rights violations.

I would also order your PR application GCMS notes asap.

I don't agree this is default behavior. IMO there is something in your father's profile that is causing IRCC actual concern.

Good luck and hope you resolve.

 

[rampantbull]

I would hire an immigration lawyer. Sounds like the PR application may have triggered a review of his admissibility. The fact his police clearance is clean is pretty irrelevant to the conversation. This is about what jobs and roles he had as a law enforcement officer and whether those job and roles involved human rights violations.

I would also order your PR application GCMS notes asap.

I don't agree this is default behavior. IMO there is something in your father's profile that is causing IRCC actual concern.

Good luck and hope you resolve.

Thanks, calling it a default behavior is me just being frustrated but I have heard of multiple incidents in recent months. Geopolitics I guess.
We don't know what (or if anything) they have at this point, it's just we don't expect any such incident where my father is involved (of course I will say that). I have reached out to human rights commission in our home state to see if there's any chance of them providing any proof to clear his name.
One reason we didn't think too much about our PR application taking so long is because it took my father's colleague 5 years to get an answer, it was approved. So I always chalked it off as IRCC doing their due diligence.
We will go to the further examination meeting and see what CBSA say. I am in the process of hiring an immigration lawyer but they can't do too much before the examination is concluded.
Thanks for taking out your time to respond.

 

[scylla]

Thanks, calling it a default behavior is me just being frustrated but I have heard of multiple incidents in recent months. Geopolitics I guess.
We don't know what (or if anything) they have at this point, it's just we don't expect any such incident where my father is involved (of course I will say that). I have reached out to human rights commission in our home state to see if there's any chance of them providing any proof to clear his name.
One reason we didn't think too much about our PR application taking so long is because it took my father's colleague 5 years to get an answer, it was approved. So I always chalked it off as IRCC doing their due diligence.
We will go to the further examination meeting and see what CBSA say. I am in the process of hiring an immigration lawyer but they can't do too much before the examination is concluded.
Thanks for taking out your time to respond.

Good luck.

 

[funjabigabruji]

@rampantbull - similar thing happened to us last month. My dad is on super visa and he is retired army vet. He also has PGP PR in progress. We also got the entry for further examination with interview end of this month.
from what I have gathered is this interview would have most likely happened but in delhi. But it is odd that they seized the passport and scheduled the interview here. Also lawyers say they can only be involved after the interview.

 

[rampantbull]

@rampantbull - similar thing happened to us last month. My dad is on super visa and he is retired army vet. He also has PGP PR in progress. We also got the entry for further examination with interview end of this month.
from what I have gathered is this interview would have most likely happened but in delhi. But it is odd that they seized the passport and scheduled the interview here. Also lawyers say they can only be involved after the interview.

We haven't gotten a decision yet but from what I can gather, they have already made up their mind. I will still wait for the official response and see what options do we have but at this point I don't think we really care either way. I will provide an update when we get something.

 

[funjabigabruji]

We haven't gotten a decision yet but from what I can gather, they have already made up their mind. I will still wait for the official response and see what options do we have but at this point I don't think we really care either way. I will provide an update when we get something.

We haven't gotten a decision yet but from what I can gather, they have already made up their mind. I will still wait for the official response and see what options do we have but at this point I don't think we really care either way. I will provide an update when we get something.

Have you done your interview ? Did they return the passport ?

 

[rampantbull]

Have you done your interview ? Did they return the passport ?

No, it's for my dad and he has done the "further examination". The officer said that they will have to refer this to their superior to make the decision (something like that). So we just have to wait but I'm not too hopeful. Tbh this whole experience has soured my parents on even staying here so they are not really too bothered by any possible outcome. It just sucks that our PR application has been in process for 4 years, which to me is enough time to raise these concerns. Either way it will be nice to know the outcome sooner rather than later so we can move on.

 

[funjabigabruji]

I was told if they find you inadmissible due to security grounds such as mere affiliation to security forces(police, army) and not actually have participated or witnessed any human rights violations. This will result inadmissibility hearing. And a negative outcome would result in a removal order with all visas cancelled. This would be quite devastating for our family as my mom passed away in 2022 and both his children(me and my sister) are here in Canada.

I really don’t care about PR at this point so as long he gets to stay with us.

 

[rampantbull]

I was told if they find you inadmissible due to security grounds such as mere affiliation to security forces(police, army) and not actually have participated or witnessed any human rights violations. This will result inadmissibility hearing. And a negative outcome would result in a removal order with all visas cancelled. This would be quite devastating for our family as my mom passed away in 2022 and both his children(me and my sister) are here in Canada.

I really don’t care about PR at this point so as long he gets to stay with us.

From what I have been reading, just being part of the organization isn't enough to find someone complicit, unless the whole organization has been blacklisted. I tried to find the info but couldn't find anything that would indicate any Indian army or police forces labelled as such. But if that is the case then it's just unfortunate and not sure what can you do. Because you cannot deny not working there. It's not like these security forces doesn't have any legit purpose to maintain law and order.

We just seem to be in the middle of current diplomatic warfare between two countries. My dad has visited Canada before without any hassle so the timing seems really suspect. I have heard of few instances like these recently.
Hopefully your case results in positive outcome, at least for me, we have other options. Again we haven't gotten a decision so no point assuming anything.

 

[funjabigabruji]

My dad has been living with us since 2022 on a super visa. We have been travelling to US and other countries without a problem.

You are right about the diplomatic issues which I think behind the scene is even worse than it appears in the news.

Either way some things are not in our control. Thanks for all your help. Keep us posted.

 

[rampantbull]

My dad has been living with us since 2022 on a super visa. We have been travelling to US and other countries without a problem.

You are right about the diplomatic issues which I think behind the scene is even worse than it appears in the news.

Either way some things are not in our control. Thanks for all your help. Keep us posted.

Did you get any outcome for your father’s examination?
They have requested us to come by next week where they will provide us with documentation about the next steps, the way they have worded it doesn’t sound promising.

 

[canuck78]

My dad has been living with us since 2022 on a super visa. We have been travelling to US and other countries without a problem.

You are right about the diplomatic issues which I think behind the scene is even worse than it appears in the news.

Either way some things are not in our control. Thanks for all your help. Keep us posted.

He is visiting you in Canada. When it comes to immigration that makes a big difference.