How I will file Refugee Claim

[MPNP_Winnipeg]

Hi I am a Pakistani national, right now in Canada on a visit Visa. I am a practicing lawyer in Pakistan, practicing for almost 25 years. Last year I was engaged by a minority religious class in Pakistan as they were facing the wrath of the local laws against them and I represented them in their cases. due to this particular reason a proscribed organization in Pakistan started threatening me of dire consequences or I have to leave the cases of the minority. they are making threatening phone calls to me that me and my family will be done to death if I will further proceed with the cases of the religious minority of Pakistan. Me and my family in Pakistan are having serious threats of dire consequences .Please advise me how to proceed with my refugee claim in Canada. How long it will take. Regarding this situation I informed my Bar Association in Pakistan, but no response was given by them. the organization which is extending threats to me is a declared Proscribed Organization as per Pakistan Laws. I never dared to set the machinery of law in motion as the stated organization is very influential in Pakistan and I am not in position to confront them upfront as my wife and children will be at risk then. I don't want to make any fowl move. plzz also advise me than should I apply for my claim from Montreal or some other place.

 

[davenportdiamond]

If you're in Winnipeg (as your username suggests) your regional office is IRB Vancouver, not IRB Montreal. You can apply for refugee protection online.

Claims handled by IRB Vancouver usually take anywhere from 3 to 9 months. The other two offices (Toronto and Montreal) tend to take longer, from around 1 to 2 years. However, there is no guarantee in any case and it may take longer for your case to be processed.

Once (and if) you have been found by the IRB to be a protected person (i.e. once your claim is approved), you will be able to apply for permanent residence and add your family members to your application. Applications for permanent residence take approximately two years to process (or three if you are in Quebec). Until then, your family will not be able to enter Canada, and before your case is approved by the IRB, you will not be able to leave Canada.

 

[MPNP_Winnipeg]

If you're in Winnipeg (as your username suggests) your regional office is IRB Vancouver, not IRB Montreal. You can apply for refugee protection online.

Claims handled by IRB Vancouver usually take anywhere from 3 to 9 months. The other two offices (Toronto and Montreal) tend to take longer, from around 1 to 2 years. However, there is no guarantee in any case and it may take longer for your case to be processed.

Once (and if) you have been found by the IRB to be a protected person (i.e. once your claim is approved), you will be able to apply for permanent residence and add your family members to your application. Applications for permanent residence take approximately two years to process (or three if you are in Quebec). Until then, your family will not be able to enter Canada, and before your case is approved by the IRB, you will not be able to leave Canada.

Thanks a lot for your reply. you gave me details of the procedure which is to be adopted and what is your take on the point that as I remained failed to initiate any type of proceedings against the proscribed organization, whether filing my claim on the basis of the oral assertions as stated above is good to be proceeded

 

[forevermore76]

Thanks a lot for your reply. you gave me details of the procedure which is to be adopted and what is your take on the point that as I remained failed to initiate any type of proceedings against the proscribed organization, whether filing my claim on the basis of the oral assertions as stated above is good to be proceeded

You will need extensive proof and documented evidence to build your case. Another thing to note is, your passport would be taken away and you won't be able to leave Canada for years during the process.

Take time to read these.
https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum/claim-protection-inside-canada.html

https://help.unhcr.org/canada/how-to-apply-for-asylum-new/

 

[davenportdiamond]

Thanks a lot for your reply. you gave me details of the procedure which is to be adopted and what is your take on the point that as I remained failed to initiate any type of proceedings against the proscribed organization, whether filing my claim on the basis of the oral assertions as stated above is good to be proceeded

You will need to justify why you didn't initiate any proceedings against the organization in the basis of claim form and your hearing. You have mentioned in your original post that you feared for the safety of your family and therefore did not want to engage the organization so this is something you will need to convince the IRB of.

There are two kinds of evidences: personal evidence and country conditions evidence. Proving that the organization is influential and has the ability to hurt your family can be done with country conditions evidence such as news or government reports and court orders.

You are presumed to be credible which means anything you say is by default taken to be true even if you don't have evidence for it. However, there are certain factors that can nullify this presumption: if you are found to have lied, for instance, your credibility will be impaired and the IRB will no longer take your word as truth. If evidence was reasonably accessible to you but you failed to obtain it, this will also impair your credibility. If there are inconsistencies between different claims, or between the basis of claim form and what you say in the hearing, this will also impair your credibility.

The standard of proof for an allegation to be admitted is balance of probabilities.

You will need to demonstrate that you could not reasonably have relocated to another part of the country you were being persecuted in to avoid harm. This is known as an 'internal flight alternative.'