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My mom's special case. Help please

arashsasa

Full Member
Nov 19, 2017
22
6
I have moved to Canada a few years ago because my sexual orientation is not accepted in my country of origin and being Gay is totally banned and government can execute us. After moving to Canada one of my cousins made a fake Instagram ID and pretended to be a gay guy, then asked me if I am gay or not. I said yes and then he told all of my relatives about me. After that my relatives were forcing my mom to ask me to move back there because they believe being gay is a disease and living in a country where its accepted, does not help me to cure the disease. They have been blaming my mom for a few years, but she always has supported me and fights with them all the time.She has been threatened by neighbors and co-workers. She has been fired from her job and was forced by my dad to move to another city but it did not work and they continued causing problem for her. She has granted a visitor visa now. Can she claim for asylum in Canada with this circumstance? (She is not in the mood to face the risk of refusal and deportation to back-home, as it might cause more serious troubles.)
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
She can apply for asylum but approval is certainly not guaranteed. There is a risk of refusal and removal / deportation if she applies.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
I have moved to Canada a few years ago because my sexual orientation is not accepted in my country of origin and being Gay is totally banned and government can execute us. After moving to Canada one of my cousins made a fake Instagram ID and pretended to be a gay guy, then asked me if I am gay or not. I said yes and then he told all of my relatives about me. After that my relatives were forcing my mom to ask me to move back there because they believe being gay is a disease and living in a country where its accepted, does not help me to cure the disease. They have been blaming my mom for a few years, but she always has supported me and fights with them all the time.She has been threatened by neighbors and co-workers. She has been fired from her job and was forced by my dad to move to another city but it did not work and they continued causing problem for her. She has granted a visitor visa now. Can she claim for asylum in Canada with this circumstance? (She is not in the mood to face the risk of refusal and deportation to back-home, as it might cause more serious troubles.)
Does she have documented evidence/proof of things like real threats against her life? Or filing police reports?

With no proof of anything, her asylum case would have practically zero chance of succeeding. Even with some evidence, family situations like this would be a very weak asylum case, and my guess is a high chance for rejection/deportation at the end. Family "causing problems" is not a viable reason to claim asylum. There needs to be real threats or violence against her life.

Once inside Canada she may also want to consider a H&C Application instead of asylum. I think the burden of proof here is a bit less than asylum app, but still may be very difficult to get approved.

She should perhaps talk to a lawyer experienced with asylum/H&C cases to get a legal opinion on her chances and best way to proceed.