Finally Canadian --- Never Give up

[mwabu1976]

Finally Canadian

I did my oath last Friday. It took almost 6 years to get my citizenship. My time line is below and I hope it give hope for all people that are waiting.

26-Dec-2006: I landed in Montreal. I became landed immigrant. Note: I used to live in Montreal from 1997 to 2003 as international student.
14-Sep-2010: I sent my application for citizenship. I traveled twice for a total of 143 days. As per the CIC calculator and after deducting the travel days I end with physical presence of 1214 days which make me eligible to apply for citizenship.
8-Dec-2010: I received acknowledgment letter for receipt of my application.
27-Oct-2011: I wrote the citizenship test at Montreal. I passed and got full mark.
21-Dec-2011: Request for Residency Questioner (RQ) was requested.
11-Jan-2012: I submitted Residency Questioner (RQ) with all supporting documents (Copy) to CIC Montreal office.
17-Mar-2014: I got scheduled for citizenship judge hearing at CIC Montreal office. The CJ rejected my application.
5-Dec-2014: I won my appeal at the Federal Court of Canada. My application was opened again.
10-Mar-2015: I got scheduled again for citizenship judge hearing at CIC Montreal office. The CJ rejected my application again.
3-Dec-2015: I won my appeal at the Federal Court of Canada for the second time. My application was opened again.
20-Apr-2016: I got contacted by CIC and told that my application will be approved and I will get my oath letter once all the security clearance are completed.
20-Jul-2016: Got oath letter.
5-Aug-2016: Completed my oath and got my citizenship.


Details of my case was discussed at the link below:

http://www.canadavisa.com/canada-immigration-discussion-board/i-got-judge-hearing-any-advise-my-case-details-and-timeline-t189387.0.html;msg2965374#msg2965374

Thanks for the help I got from other members in this forum and I hope others may find my experience helpful for them.

 

[ellle]

It was a long journey, but you did it! Congratulations.

 

[ambient2]

Congrats.
What was the ground CJ rejected your application, twice ?

 

[mwabu1976]

Congrats.
What was the ground CJ rejected your application, twice ?

The first CJ rejected my application for 2 reasons:

1- My credit cards statement shows transactions overseas. She considered this is a proof that I was outside Canada. However, all these transactions where online transactions for payments made for websites overseas.
This was a stupid mistake by the CJ. In the hearing she asked me If I used my credit cards outside Canada. I answered No and told her if you have any transaction that is unclear to you then just let me know so I explain it. But she told me "no, don't worry about it"
In the Federal Court, The Judge was laughing at this mistake by the CIC and the CIC's lawyer just admitted the mistake.

2- In my relevant period, I had a period of 14 months with out passport (details of this are in the link at my first post). I gave many evidence to show that I was in Canada in that period such as my student record, the CBSA report, and the list goes on. Nevertheless, the CJ considered all evidence a weak evidence which the Federal Court did not agree to such outcome.


The second CJ judge was unprofessional at all. She just repeated the argument about the period with no passport and did not follow the Federal court decision. She was following the notes of the citizenship officer given to her. These notes just trying to come up with any excuse to just proof that they are not wrong. Not considering that am an innocent applicant that done nothing wrong. So, they tried to support their claim with any non sense reason. For example, they said that the sudden increase of the electricity consumption in my electricity bills indicates that I was not living in my apartment for some time.

The CJ kept on asking me to withdraw my application and apply again. I told her this will not happen for two reasons:
- I don't have any guarantee that my new application will go again through this procedure.
- I did not do anything wrong.So, I should get my application approved. Not get rejected and apply again.


So, at the Federal Court the judge was surprised to see my case and how the CJ failed to comply with the Federal Court decision. As a result, He made a new decision in my favor and enforced too the old first decision.


There are other minor details. The above mentioned details are the major argument. But to make this simple I will mention the following:

- Both CJ evaluated my case based on "Balance of probabilities" which is used to evaluate immigration cases. "Balance of probabilities" means that you have to be 51% correct to win your case. In my case, I gave evidence and CIC gave assumptions. It was so clear the "Balance of Probabilities" on my side. The Federal Court mentioned in the second court hearing that that the CJ does not understand the meaning of "Balance of Probabilities".

- Even though I gave too many evidences of residency,the CJ always kept saying that it is the responsibility of the applicant to proof that he is correct. The Federal Court stated that the CJ have to put in mind that the applicant have to give a clear compiling evidences (as in my case) not overwhelming evidences. It was clear in my case that as if i'm dealing with two robots not CJ that are programmed not to analyze my evidence but just to describe every evidence as "This is not enough" .. I asked the second CJ "what is considered a good evidence if all my evidence are not good?" she told me "I don't know".

I'm sure that there was something not normal going on with my application. I don't know what is it? However, I'm Canadian now and proud of it. I fought for it and it worth the fight for it.

 

[heeradeepak]

The first CJ rejected my application for 2 reasons:

1- My credit cards statement shows transactions overseas. She considered this is a proof that I was outside Canada. However, all these transactions where online transactions for payments made for websites overseas.
This was a stupid mistake by the CJ. In the hearing she asked me If I used my credit cards outside Canada. I answered No and told her if you have any transaction that is unclear to you then just let me know so I explain it. But she told me "no, don't worry about it"
In the Federal Court, The Judge was laughing at this mistake by the CIC and the CIC's lawyer just admitted the mistake.

2- In my relevant period, I had a period of 14 months with out passport (details of this are in the link at my first post). I gave many evidence to show that I was in Canada in that period such as my student record, the CBSA report, and the list goes on. Nevertheless, the CJ considered all evidence a weak evidence which the Federal Court did not agree to such outcome.


The second CJ judge was unprofessional at all. She just repeated the argument about the period with no passport and did not follow the Federal court decision. She was following the notes of the citizenship officer given to her. These notes just trying to come up with any excuse to just proof that they are not wrong. Not considering that am an innocent applicant that done nothing wrong. So, they tried to support their claim with any non sense reason. For example, they said that the sudden increase of the electricity consumption in my electricity bills indicates that I was not living in my apartment for some time.

The CJ kept on asking me to withdraw my application and apply again. I told her this will not happen for two reasons:
- I don't have any guarantee that my new application will go again through this procedure.
- I did not do anything wrong.So, I should get my application approved. Not get rejected and apply again.


So, at the Federal Court the judge was surprised to see my case and how the CJ failed to comply with the Federal Court decision. As a result, He made a new decision in my favor and enforced too the old first decision.


There are other minor details. The above mentioned details are the major argument. But to make this simple I will mention the following:

- Both CJ evaluated my case based on "Balance of probabilities" which is used to evaluate immigration cases. "Balance of probabilities" means that you have to be 51% correct to win your case. In my case, I gave evidence and CIC gave assumptions. It was so clear the "Balance of Probabilities" on my side. The Federal Court mentioned in the second court hearing that that the CJ does not understand the meaning of "Balance of Probabilities".

- Even though I gave too many evidences of residency,the CJ always kept saying that it is the responsibility of the applicant to proof that he is correct. The Federal Court stated that the CJ have to put in mind that the applicant have to give a clear compiling evidences (as in my case) not overwhelming evidences. It was clear in my case that as if i'm dealing with two robots not CJ that are programmed not to analyze my evidence but just to describe every evidence as "This is not enough" .. I asked the second CJ "what is considered a good evidence if all my evidence are not good?" she told me "I don't know".

I'm sure that there was something not normal going on with my application. I don't know what is it? However, I'm Canadian now and proud of it. I fought for it and it worth the fight for it.

You deserve million congratulations.
Did you hire a lawyer or fought your case yourself only?

 

[mwabu1976]

You deserve million congratulations.
Did you hire a lawyer or fought your case yourself only?

Thanks 8)

I only hired lawyer for the Federal Court. I got the same lawyer for the first and the second appeal at the Federal court.

My Lawyer and even the CJ where impressed of how highly organized I have all my document presented considering that I have huge amount of documents and even very detailed and specific documents like police tickets.

My lawyer liked my case a lot. She wished all her clients organized and gives input as I did. I gave her for the second court hearing an appeal case for a lady that is won at the federal court for a case that is %99 identical to my case.

 

[ambient2]

mwabu1976
Wow, I'm baffled by CIC's stupidity.
I assumed you hire a lawyer both times.
On the first occasion when CIC admitted the mistake, were you granted financial relief for you federal court proceeding ?

 

[mwabu1976]

mwabu1976
Wow, I'm baffled by CIC's stupidity.
I assumed you hire a lawyer both times.
On the first occasion when CIC admitted the mistake, were you granted financial relief for you federal court proceeding ?

In the First appeal, I did not ask for about the financial relief. I focused with my lawyer on winning the appeal.

I requested financial compensation in the second hearing. The judge did not allow it because my case was against the Minster of Immigration and Citizenship and CJ is considered as independent from his Ministry.


One of my motives to not give up was to record that the CIC has made mistakes. If I just accepted their decision and applied again then all the officers and CJ worked in my application will look as if they doing good job catching unqualified applicants. As a result, they will hurt more innocent people thinking that they are good qualified people doing their job which is not true. When CIC records shows my application is approved after it was rejected by some people wasting the resources of the CIC, then this is an indication that somebody is not doing his job right.
Hopefully the CIC learn from cases like mine. In fact, I have the names of the CJ and the officers worked with my application. Seems to me most of them not in charge any more.


I have no problem to get an RQ and give documents to prove that I'm not doing anything wrong. I have no problem to wait little more so they confirm things are good. But I have problem with having unqualified people making applicants wait for tooo long so they do stupid mistakes and decision that hurts innocents applicants. Off course the first to blame with this situation is mr. Stephen Harper and his government.

 

[Moe975]

Did you submit your movement record from Jordan and CBSA ?

 

[mwabu1976]

Did you submit your movement record from Jordan and CBSA ?

I never went to Jordan in the past 15 years which is shown in my passport. I used to live in UAE which I got their visa cancelled when I came to Canada and this shown in my passport.
I gave the CBSA to the CIC with my application.
I gave also my boarding cards too.

During the relevant period, I made two trips only where the above documents give details of their entry and exits.

For the 14 months that I did not Carry passport, I gave the CIC a letter from the government of Jordan that states I did not have a passport in that period (My dad got that letter when he visited Jordan. It is almost impossible to get such kind of letters in Jordan).

 

[Moe975]

Movement records are crucial elements in any RQ, as CBSA only shows entry dates to Canada. I believe there were suspicious that you had another travel document which you never declared.

if you were able to acquire movement records from UAE or Jordan your case would have lot been easier and faster i believe.

Anyway congrats and its worth the wait.

 

[mwabu1976]

Movement records are crucial elements in any RQ, as CBSA only shows entry dates to Canada. I believe there were suspicious that you had another travel document which you never declared.

if you were able to acquire movement records from UAE or Jordan your case would have lot been easier and faster i believe.

Anyway congrats and its worth the wait.

Sure,

I did not know that such document can be obtained from UAE at that time.

Entry and exit from Canada is not rocket science. It is simple to be figured out in most cases.

In fact, CIC doesn't need our help there, they can figure it out alone. My dad visit Canada every summer. I lived in his house when I first landed. So, one of the officers evaluating my application was doing his investigation to check the addresses where I lived. This officer got all the entry and exits and the period my dad stayed in Canada every summer. I did not give them any information about my dad except his name only (No passport, No CBSA, etc) ... when I knew this, I realized that CIC don't need our help at all to know anybody entry or exits from & to Canada ..

 

[ambient2]

One of my motives to not give up was to record that the CIC has made mistakes. If I just accepted their decision and applied again then all the officers and CJ worked in my application will look as if they doing good job catching unqualified applicants. As a result, they will hurt more innocent people thinking that they are good qualified people doing their job which is not true. When CIC records shows my application is approved after it was rejected by some people wasting the resources of the CIC, then this is an indication that somebody is not doing his job right.
Hopefully the CIC learn from cases like mine. In fact, I have the names of the CJ and the officers worked with my application. Seems to me most of them not in charge any more.

This is very noble thing to do, however I'm not really sure it works with CIC. I asked my lawyer, in case if I win my Mandamus case, and CIC finishes application in my favour, would anyone in CIC be accountable for the delay and mistreatment of my case? she said they might be, or not at all.
So in a way, the federal court is just extra financial burden on applicants, and nothing for CIC.

 

[mwabu1976]

This is very noble thing to do, however I'm not really sure it works with CIC. I asked my lawyer, in case if I win my Mandamus case, and CIC finishes application in my favour, would anyone in CIC be accountable for the delay and mistreatment of my case? she said they might be, or not at all.
So in a way, the federal court is just extra financial burden on applicants, and nothing for CIC.

%100 true .. However, I felt that I have to do my part at least.

I always kept reminding myself that I will win at the end no matter what simply because I did not do anything wrong.

 

[ambient2]

Did you try to get your story out to media for bigger exposure? I know that you probably want nothing to do with CIC any more, but it would be nice if general public is aware of CIC's deeds, not just pseudo-humanitarian bullshit that has been feeded to us by Lib gov, but all these mistakes that is done by unprofessional behaviour.