Gandpa with treat to her life - Refugee ( that a good option)

[21Goose]

You should really talk to an immigration attorney with experience in these matters and share the specific details of the situation and get a qualified and legally sound opinion. It's a bit beyond the scope of this forum.

 

[Lifeisagift]

You should really talk to an immigration attorney with experience in these matters and share the specific details of the situation and get a qualified and legally sound opinion. It's a bit beyond the scope of this forum.

thanks 21Goose

 

[jddd]

The WILL states that when he dies the properties goes to his late Spouse other children , so the children want him dead NOW so they can takeover everything.

Wills are not drafted like that. I think you need to have an estates lawyer look at that and not just interpret it the way you think favours a claim. IRCC is of course smarter than that and will not be swayed by such claim. Most wills are drafted the way you are saying but with a specific time period. Example: if my husband should die within 30 days of my death then my children will get my estate.
The fact is, if the will states he is the sole beneficiary, then all legal ownership goes to him. This means his last will and testament will then determine what happens to the estate if he dies. I’m sorry but this sounds like a weak claim.

 

[Bryanna]

The WILL states that when he dies the properties goes to his late Spouse other children , so the children want him dead NOW so they can takeover everything.

It does not make sense. The properties cannot be held in the name of a deceased person in the interim until the grandpa passes away too.

Either he has the complete legal ownership of those properties as granted by the clauses of the will prepared by his deceased spouse.... or he is only (in legal terms) a caretaker of those properties and he has no legal rights during his lifetime over those properties

 

[Bryanna]

Agreed. He has slim to none chances of a refugee claim on the grounds that his life is in danger because of properties which continue to be held in the name of a deceased spouse/deceased person.... and the inheritance will is not clear about the ownership of those properties now that the spouse has passed away

 

[Lifeisagift]

Agreed. He has slim to none chances of a refugee claim on the grounds that his life is in danger because of properties which continue to be held in the name of a deceased spouse/deceased person.... and the inheritance will is not clear about the ownership of those properties now that the spouse has passed away

Thanks

 

[Bornlucky]

Thanks Scylla, I'm a Canadian Citizen however the parent visa (PR) steams has been tried over and over again and we get told that the cap has been reached for the past 5 years.

Just to check, why do feel the Refugee route is not the best option? His life is at risk and I can't afford for him to be killed if he returns back home.

The person making a claim for Convention refugee status HAS to establish that he is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion... it's A96 of IRPA if you want to read further.

So, having a risk to life that may be generated by something outside of the persecutory grounds listed above.., you won't be considered to be a Convention refugee even if you prove your case conclusively. They could say that they believe the applicant but if he cannot make the connection to the reasons of race, religion, etc., then the claim will fail.

It is literally fundamental to any claim.

 

[canuck78]

Given that you habe tried fpr PGP for 5 years and he has spent a substantial part of the past years in Canada it would be hard to prove that his life is in danger and that you are not trying to circumvent the PGP program. Supervisa is still an option and family matters usually result in asylum refusals. Unfortunately H&C seems to be recommended by many and can result in lasting consequences if denied. Best to continue with supervisa visits.

 

[visatest]

You should really talk to an immigration attorney with experience in these matters and share the specific details of the situation and get a qualified and legally sound opinion. It's a bit beyond the scope of this forum.

Just an observation, but aren't these domestic Civil issues? I see no asylum chances here at all. I also agree with 21Goose's views.

 

[Bs65]

Another observation but maybe the aged grandpa should lodge his own will legally witnessed and donate all his legally owned and inherited property and cash to a charity ensuring those that have any desire on the same are aware they get nothing at all.