Has anyone here gone through an admissibility hearing?

[profugus]

If you have, please tell how it went, and how much did you wait from presenting your asylum claim to the admissibility hearing. (Not eligibility, but admissibility!)

Here is my situation for the curious... it's rather unusual, maybe someone can give some insight. I'm totally at a loss on some points.

I presented my asylum claim in January 2018 in Etobicoke. I was called back three weeks later for an eligibility interview. I was expecting to be arrested as I am charged with serious crimes in my home country, but on fabricated grounds, for political reasons, and I can't expect a fair trial. I disclosed these in my asylum claim and attached some documents as evidence. To my surprise nothing bad happened, I was briefly questioned by an official, and I was granted eligibility. I even asked what shall I do or say if CBSA comes to arrest me, but he smiled and said: "No, they won't. That would've happened here."

He was very wrong because CBSA issued a Canada-wide arrest warrant and I was arrested several weeks later, in February when I tried to fly to Montréal to a job interview. I was detained for a few weeks until my friend arranged a bail. I was let go for a bond of $3000. Later I was told this is an extremely low bail, particularly in case of possible criminal ineligibility. As a matter of fact the government agent who came to interview me said that my story is very interesting and I definitely shouldn't be in prison. She was so nice she even offered to contact the Toronto Bail Program on my behalf in case my friend fails to pay the bond. (Long story short, I was running a crimefighting organization in my country, and I stepped on the wrong toes.)

During the same hearing she also said that I'll have to go through an admissibility hearing. No surprises there, I was expecting it to happen. She also told me that a written disclosure is being prepared and I'm going to receive it in a few days or maybe weeks.

I was released in March 2018. No disclosure. I was supposed to have my asylum hearing in May, but when I went to the IRB office, I was informed that my case is suspended until the admissibility decision. Well, darn, they didn't tell this to me, but whatever.

In June 2018 I applied for a work permit. (As you may have guessed, I'm from a so-called designated country of origin, so I had to wait six months.) I received it - you won't believe - in three days. Yes, that's right, even my counselor couldn't believe his eyes. I assume they were this quick because I'm a software engineer and there's a dire shortage of us. I moved to Montréal in August and since then I live and work here. Of course I reported the new address to CBSA, and besides I am to report personally to their local office once every month.

In September I got an automated phone call from Purolator telling me that I should pick up a parcel at a Scarborough location. I had no idea why, I never lived in Scarborough. I lived in Kitchener, and now in Montréal. I got a tracking number and found that the mysterious parcel came from CBSA's office on Airport Road. Why they sent it to Scarborough is beyond me, but I obviously couldn't pick it up. They knew my current address, so I thought they'll send it there as soon as they get it back.

No, they haven't. Six months have passed, and nothing came. I seriously doubt that they are this busy. All they have to do is to send it to a new address, what takes so long?

If anyone has anything to say about this story, please don't hold it back. I really wonder how long does it usually take to get an admissibility hearing.

 

[profugus]

Looks like there's little interest here, but maybe if I post the latest developments...

More than a year has passed now and the disclosure they sent to Scarborough is still nowhere. I'm still reporting to CBSA every month. I had my work permit extended, got a Quebec driving licence and I'm starting to feel being Canadian and all. Then suddenly CSIS, the national security agency of Canada has showed up at my bondsperson's place, looking for me. Naturally my friend told them that I reside exactly at the address which I reported to CBSA more than a year ago, and which they authorized.

What the heck has the CSIS got to do with me? After some research I found that their task is to conduct investigations for the government and report their findings. Obviously CBSA has lost track of me. Well, quite an achievement given the circumstances! I understand that Canada is not a police state, but not finding someone who is literally reporting every month to their office is some next level ineptitude.

Now I'm waiting what's going to happen next. This has been a week ago, and neither CSIS, nor CBSA nor anyone else has showed up at my door.

 

[SURVIVAL]

Don't you have any lawyer to look into any possible and legal way out. You can also seek some help through your local MP's office.

 

[k.h.p.]

Have you pursued the disclosure document and asked CBSA (or even Purolator) to forward it to you? You really need it for your hearing.

 

[profugus]

Of course I have a lawyer, or to be exact he's a counselor. His advice was to let them do whatever they're doing because the more time passes, the less reason they have to express concern about my presence in Canada. Indeed, when someone has been living here for three years, and the competent authorities let him alone for all this time, then what's the fuss? For the same reason I didn't bother CBSA. When the package was sent, I did try to contact Purolator, but they were unable to do anything through the phone.

In my understanding - which my counselor confirmed - if I don't receive a disclosure, they can't even set a hearing date. I'm just wondering what the heck are these excellent people doing for such a long time.

 

[k.h.p.]

Building a case where you're avoiding service.

 

[profugus]

Building a case where you're avoiding service.

Am I, and how? Gave them my address, they told me they'll send it. The ball is on their field now. I'm not avoiding anything, I'm complying with every instruction I received.

 

[k.h.p.]

Then I really hope the best for you. I believe that the charges you're facing at home are bogus, and I know that CBSA can be very inefficient, but they don't typically forget removal orders.

 

[profugus]

Then I really hope the best for you. I believe that the charges you're facing at home are bogus, and I know that CBSA can be very inefficient, but they don't typically forget removal orders.

Ah yes, about that - it turned out funny. The court at home gave me two years, requested my extradition. The Canadian govt told them to piss off. I wasn't even informed of the entire process, I only know it because the documents were attached to the court file and my lawyer noticed them. On second instance they took it back to a suspended prison sentence so they won't have to explain anything.

 

[profugus]

Hi again! Thought I'll bring up this topic. Looks like nobody has to go to an admissibility hearing, but interestingly I also haven't yet.

It's been more than two years now. I'm still reporting to CBSA every month. Now that there's this pandemic I do it by phone, but otherwise it's all the same.

Last November a SCIS agent (Canada's domestic intelligence service) visited my bondsperson and asked him if he knows where I am. He told them to look into their own books because I'm still living at the very same address they approved, the same phone number and email too, and I'm reporting as mandated on the third Monday of every month.

I thought they'll finally send that disclosure, but it's now May and still nothing happened. Meanwhile I got a job at CN Railway as a software engineer. They did their own screening, quite strict actually, and found I'm OK. Now... I wonder how much of a danger to Canadian society could I be if they just let me work there?!

(Worst workplace ever though, with a super toxic atmosphere and epic assholes everywhere. Don't go there if you're planning to. Really.)

 

[canuck78]

Hi again! Thought I'll bring up this topic. Looks like nobody has to go to an admissibility hearing, but interestingly I also haven't yet.

It's been more than two years now. I'm still reporting to CBSA every month. Now that there's this pandemic I do it by phone, but otherwise it's all the same.

Last November a SCIS agent (Canada's domestic intelligence service) visited my bondsperson and asked him if he knows where I am. He told them to look into their own books because I'm still living at the very same address they approved, the same phone number and email too, and I'm reporting as mandated on the third Monday of every month.

I thought they'll finally send that disclosure, but it's now May and still nothing happened. Meanwhile I got a job at CN Railway as a software engineer. They did their own screening, quite strict actually, and found I'm OK. Now... I wonder how much of a danger to Canadian society could I be if they just let me work there?!

(Worst workplace ever though, with a super toxic atmosphere and epic assholes everywhere. Don't go there if you're planning to. Really.)

Sorry meant to reply to this one. Unfortunately the process isn’t the fastest. Without any permanent status in Canada at this point this is an indication that things aren’t running smoothly.

 

[profugus]

Sorry meant to reply to this one. Unfortunately the process isn’t the fastest. Without any permanent status in Canada at this point this is an indication that things aren’t running smoothly.

Yeah but... they already have that disclosure. They don't have to work on it, just re-mail it to the correct address. How does that take years?

 

[canuck78]

Yeah but... they already have that disclosure. They don't have to work on it, just re-mail it to the correct address. How does that take years?

You are likely in a position where there will be problems deporting you but they don’t want to give you permanent status in Canada. There are several people n this longterm limbo, Your case is likely not a priority and keeps be pushed to the side by other more pressing issues. They are severely understaffed.

 

[despacito2017]

This is a classic example of a large bureaucracy. Nothing will probably happen until one day someone decides to act on it as the matter lands on their desk for clearing old backlogged cases.

 

[Islander216]

I really think this story should be made into a miniseries.

The crime-fighting software engineer fleeing persecution and bogus charges, and who apparently no one affiliated with the government can be bothered to search what his listed address is, every time they need to get a hold of him lol.