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Failed H&C and Removal

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Marvin3

Newbie
Oct 18, 2022
2
0
Hi All
I recently got the removal order, because I'm without status after a failed H&C application with kids, my mental health has been going down ever since. I saw a Psychiatrist to get better and so I can be there for my kids, while I'm receiving treatment I got the fit to fly but the psychiatrist and doctors say I'm in no condition to travel let alone board a plane. I won't be traveling with my kids as they were all born here in Canada. I want to be there for them, the mental strain of leaving my kids is too much to bear
Is there a second opinion I could get on this issue.
 
Marvin3 said:
Hi All
I recently got the removal order, because I'm without status after a failed H&C application with kids, my mental health has been going down ever since. I saw a Psychiatrist to get better and so I can be there for my kids, while I'm receiving treatment I got the fit to fly but the psychiatrist and doctors say I'm in no condition to travel let alone board a plane. I won't be traveling with my kids as they were all born here in Canada. I want to be there for them, the mental strain of leaving my kids is too much to bear
Is there a second opinion I could get on this issue.
Click to expand...
I wish you all the success in the world, but aside from recommending speaking with a qualified lawyer ASAP, I have nothing more to offer, unfortunately. These forums are generously provided by a law firm. You can find their contact number(s) at the upper left of the main page.

Good luck to you.
 
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Marvin3 said:
Hi All
I recently got the removal order, because I'm without status after a failed H&C application with kids, my mental health has been going down ever since. I saw a Psychiatrist to get better and so I can be there for my kids, while I'm receiving treatment I got the fit to fly but the psychiatrist and doctors say I'm in no condition to travel let alone board a plane. I won't be traveling with my kids as they were all born here in Canada. I want to be there for them, the mental strain of leaving my kids is too much to bear
Is there a second opinion I could get on this issue.
Click to expand...

I'm sorry for your situation. That must be increadibly stressful.

I agree you need to be working with a good lawyer at this point.

Good luck.
 
Marvin3 said:
Hi All
I recently got the removal order, because I'm without status after a failed H&C application with kids, my mental health has been going down ever since. I saw a Psychiatrist to get better and so I can be there for my kids, while I'm receiving treatment I got the fit to fly but the psychiatrist and doctors say I'm in no condition to travel let alone board a plane. I won't be traveling with my kids as they were all born here in Canada. I want to be there for them, the mental strain of leaving my kids is too much to bear
Is there a second opinion I could get on this issue.
Click to expand...

You may want to contact this person who seems to have been successful in stopping a deportation and who was also the subject of a fit to fly:

https://www.canadavisa.com/canada-i...hreads/fit-to-fly-application_removal.770748/

They may be able to recommend their lawyer.
 
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Marvin3 said:
Hi All
I recently got the removal order, because I'm without status after a failed H&C application with kids, my mental health has been going down ever since. I saw a Psychiatrist to get better and so I can be there for my kids, while I'm receiving treatment I got the fit to fly but the psychiatrist and doctors say I'm in no condition to travel let alone board a plane. I won't be traveling with my kids as they were all born here in Canada. I want to be there for them, the mental strain of leaving my kids is too much to bear
Is there a second opinion I could get on this issue.
Click to expand...

This is really a CBSA issue. If their doctors have determined you are fit to fly you actually have to overcome their doctor‘s opinion which is in general quite hard to do. Assume that the attempt to remain in Canada has been a long process. At what point did you stop having legal representation or have you had it throughout this experience? Do you have the ability to pay for legal representation? Do you have a Canadian partner? Will they be remaining with the children?
 
BIOC (best interest of child) should have been considered in the H&C application already. Unfortunately it seems to be not enough. Bring it to the FC and to see what the federal judge has to say.
 
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