Immigration Detention /Deportation

[Detained Friend]

Good evening. I am writing this on behalf of a friend who is detained and awaiting a possible deportation.

Although it's his fault for not keeping his status valid, at the same time it appears that his lawyer never actually submitted his Humanitarian Appeal.

After his failed first application for Refugee Status, he did Judicial Review that was unsuccessful...then his Humanitarian Appeal a decision was never made and instead he was called up for PRRA.

After 6 years of having no status he has reached a dead end and is in detention. He is due to know the final determination on September 17 2018.

However he was able to maintain a clean criminal record, a job , apartment.

Any suggestions or insight into this matter is welcomed.

Yours

Good Samaritan

 

[Bornlucky]

Your friend appears to have hit the end of the legal road to remain in Canada. The details are scant but he seems to have come to Canada and made a refugee claim and that has failed, and the Humanitarian "appeal" is a misnomer as the Humanitarian and Compassionate grounds application is likely what wasn't submitted by his representative. If he is detained for removal it is likely under the grounds that he is unlikely to appear for removal? Did he submit a Pre-Removal Risk Assessment (PRRA)? We don't really know.

There are common processes along this immigration/refugee road, but like any road it ends at some point. Having no criminality and paying your own way doesn't earn any extra points I'm afraid - these are instead expectations that are not always met. If he is required to leave he may be best served by marshalling his resources and returning to his country voluntarily.

It is a hard reality and people frequently point to undeserving success by others when they are required to depart Canada and there are inconsistencies, but it isn't a science and not everyone qualifies. Go quietly or kick and scream, the removals happen either way.

 

[Detained Friend]

Another question! A Govt provided immigratiin lawyer is helping my friend in detention. Initially he said we could bail out our friend from detention by paying $1000.00 and a Canadian citizen sign some release papers as a guarantor.

However there are some repercussions in the event that our friend disappears or is not cooperating with CBSA/Immigration. What could those repercussions be?

 

[Buletruck]

Given he is scheduled for Monday for final determination, I doubt there is much chance of having him released before then. Read through the attached link. Cbsa/IRB/IRCC can set the guarantee at $1,000 or $100,000 depending on the risks they feel associated with the those being held meeting the conditions of release (showing up later). There is no guarantee they will release him if they feel he/she is a flight risk. If they don’t show up, you forfeit you guarantee.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf08-eng.pdf

 

[Detained Friend]

PR card Renewal

Just wondering, I am asking Immigration for replacement of PR card using Immigration agent and he tells me he sent all the documents needed but Immigration has not acknowledged receipt of our communication. Is this normal because the agent keeps assuring me that all is ok and I should not worry.

 

[Buletruck]

Why would you pay someone to renew your PR card? Are you currently in Canada (if you arent’t, you can’t renew your card and if your agent said you are, but aren’t, that’s misrepresentation)?

 

[Detained Friend]

I am in Canada and acctuall it's a replacement of the PR card since I had my PR card stolen before it expired

 

[Buletruck]

So renewal is about 100 days. When did you apply and do you meet RO?