Need Expert Opinion on Asylum Case

[kajoor]

Hi,

I have read some of the topics from the forum and I am very thankful to the guys who are spending time to answer questions.

I am from Bakward area where my family had serious concerns in living and getting education. Due to War, My family shifted to a good city for living and good education. However, Group XXXXXX killed our near relatives at their door step because they refused to give them the ransom. The group killed 4 people and they are now after me and family. Since I am educated and well earning person. I have not allowed my wife and kids to leave home. I am in severe danger of persecution and the only way I may live is to apply for asylum. I got TRV & I am in Canada right now and landed 1 day ago on TRV.

I have some questions and would like confirmation and suggestion on my understanding about Asylum.

Question 0: Since I used to work for a company in UAE from my homeland, I had a two year Valid IQAMA / Residence Visa. I worked for that company part time and I was doiong full time job in my homeland. I travelled 5 or 6 times for a week to UAE on that Iqama / Residence visa But I never stayed there for more than a week every time. I came back to work on my homeland company that I was working in. The Iqama/Residence visa of UAE company will expire/finish on February 2018. Am I allowed to apply for Asylum case ? If yes, Do I need any Police Character Certificate from Dubai?


Question 1: As per my understanding People who are outside Canada and their home country will be privately sponsored refuees. Since I am in Canada, I will be under Government Assisted refugee system and Government will be taking care of my Food/Living/Medical. I am asking this question because I was confused in the following refugee systems:

Government Assisted Refugees
Privately Sponsored Refugees
Protected Person and Convetion Refugees

Question 2: Should I hire my own lawyer OR Government will take care of my Lawyer charges ? What is the best option for me to follow to make my case stronger.

Question 3: Please tell if I live with my friend and I bear my own expenses for food/living etc.. Would that make any positive impact/difference on my Asylum case ?

Question 4: Is it true that Employers are a bit hesitant hiring you when you are on asylum/protected status ? Also confirm that if I am granted work permit, I can do any legal job while living/staying in any part of Canada?

Question 5: I know it is not a good idea to leave Canada when you are on Asylum or granted PR. But please confirm that if someone is allowed to leave Canada to visit any other country or one's homeland after he/she is granted Citizenship. Is there any issue if someone is granted Citizenship after 8 or 9 or 10 years of Asylum and he visits his/her homeland for like a month and come back?

Question 6: At what stage of Asylum I am eligible to get my depandant/myfamily to Canada ? Also please tell whether they will be allowed to visit homeland ? or they will be bound till Citizenship ?

Question 7: I have two options to live in. Where should I apply for Asylum case ? Saskatchewan OR Toronoto ? Does that make any difference if I apply in Saskatchewan ? I have seen people mentioning that Saskatchewan process is faster than the Toronto.

Question 8: I would highly appreciate if you could add any other suggestions for me ?

Thank you very much for your time.

 

[Buletruck]

Your grounds seem to be based on criminal elements, rather than persecution for religious, political, etc. I suspect your claim will be difficult to get approval.

Although I don't know for sure, having PR status in UAE will also likely work against your claim. You are able to move there to avoid the problems at home, hence you already have a safe haven.

The government won't pay for food and housing or a lawyer. That's your responsibility. Living with your friend will make no difference to your claim.

If you are accepted, you can apply for a work permit until the process is complete. You can work anywhere.

Until you achieve citizenship, you can't ever go back to your home country. They will seize your passport when you make your claim. Going home will result in you loosing your refugee status and you will be removed from Canada. You can't renew your passport either. Until your family gets their immigration visa, expect to be separated from them. The chances of them getting a TRV is zero given your refugee status.

You can live anywhere. Toronto is a large city, Saskatchewan is a province. Not the same things.

Make sure that this is what you really want to do. Once you apply, it will seriously affect your life. If your claim is rejected, it will affect every visa application you ever need to do. Review other options (Express Entry, PNP, skill worker) before you go this route. depending on your claim, the process can take years to complete.

 

[canuck78]

If you have access to funds and don't require welfare you will not qualify for a work permit until you have your asylum case approved. If you have access to funds you will also be responsible for hiring your own lawyer. I think your case will be very difficult and you should consider applying to immigrate through a economic immigration stream.

You will have to have asylum to start thinking about sponsoring your family. You are probably looking a couple of years at the very minimum at the moment especially because of the increased processing times.

 

[kajoor]

Dear Bluetruck,

Thank you for your reply and help.

Your grounds seem to be based on criminal elements, rather than persecution for religious, political, etc. I suspect your claim will be difficult to get approval.

I was wondering why would my claim be difficult to get approval. They, well known terrorist group, have killed two of our relatives and I cannot wait for them to come and cut my throat and shoot me dead. Should I let myself and especially my family be on their mercy. I cannot leave my child to go to school. This is the worst thing that I will ever see in my life.

The CIC website says, that a person in need of protection is a person in Canada who cannot return to their home country safely. This is because if they return, they would be subject to a:

• danger of torture
• risk to their life, or
• risk of cruel and unusual treatment or punishment.

http://www.cic.gc.ca/english/refugees/inside/apply-who.asp
I am not sure whether this comes under criminal elements or domestic violance but i know that my life is in severe danger. Is there any chance that I fall under the category of a person in need of protection ?

Although I don't know for sure, having PR status in UAE will also likely work against your claim. You are able to move there to avoid the problems at home, hence you already have a safe haven.

The UAE work permit is not the actual PR or Permanent Residency that will lead someone to be UAE's citizen and he/she lives his life there. The work permit is a residency visa but it expires after two years. Moreover, I have never been there fore more than a week. My UAE work permit will expire and I wont be getting the other one since I am not working for that company anymore and I have got confirmation that they have cancelled my work permit. There is actually no Permanent residency available as yet in Dubai/UAE.

You can live anywhere. Toronto is a large city, Saskatchewan is a province. Not the same things.

By Saskatchewan, I mean Saskatoon, Regina, or Prince Albert.
By Ontario, I mean Toronto, Ottawa, or Mississauga.
I just wanted to ask if I apply anywhere, would timing be same for interview hearing or certain places may process the case faster ?

Thanks.

 

[kajoor]

Dear canuck,
Thank you for response.

If you have access to funds and don't require welfare you will not qualify for a work permit until you have your asylum case approved.

Please correct me if I am wrong. The process goes this way
Claim Asylum --> If you are accepted, you may apply for WORK PERMIT --> Meanwhile, Once your Asylum case is approved, you may then apply for PR --> After PR and once allowed by authority, you may then apply for Canadian Citizenship.

I think your case will be very difficult and you should consider applying to immigrate through a economic immigration stream.

I have just CAD 1800 at the moment which I don't believe will do much for me for a long time. I consider this to be very low fund for me. I cannot apply through an economic stream.

If you have access to funds you will also be responsible for hiring your own lawyer.

I dont have sufficient funds how will i proceed ? I cannot hire my own lawyer for the moment.

Thank your for help.

 

[Buletruck]

I was wondering why would my claim be difficult to get approval.

Remember, this is all my personal opinion, not the IRB making what could be a life altering decision for you.

To me, presentation and language (and English is such a wishy washy language with hundreds meanings depending on presentation sometimes) are key to the initial application. Ransom is a word that invokes images of gang (criminal) activity that attempts to extort everyone without exceptions. Hence my comment on it being difficult to substantiate a refugee claim. Protected person may be a better route, but I am not sure if applying as one differs from the other.

Since you won't be applying at the POE, my understanding is you will need to supply the Basis of Claim (BoC) form at that time you apply. This is a critical piece of documentation that can make or break your application, regardless of the circumstances. Get help with this....qualified help! And be prepared before you apply. Legal aide is available to assist, or spend some of your funds for legal help. Remember that, according to the UNHCR, there are 22 million+ refugees in the world and Canada took about 40,000 in 2016 (and 25,000 came from a very specific program), the highest number in years. The success rate is about 50-60%. Overall, it's not that many people. You need to get it right.

As I said, I am not sure about how the work permit would affect a claim, but it may not be favourable. Again, if it's only you with a work permit and it's your family in danger, that could work for you....I can't say for sure, but be prepared to have an answer if asked. Research on your part is key! Review some of the cases on CANLii to get an idea what works and what doesn't.

Processing won't change by province, as it's a program run at the federal level. It will vary depending on which country you come from.

The nice thing about Canada, you can choose anyplace to live and work. Toronto and region is more hustle and bustle, while Regina and Saskatoon are smaller and quieter. You get to choose without repercussions.

Everyone has opinions, but ultimately it's you who have to decide what is best for you and your family. Prepare yourself before you decide. Try some of the links below to help with your research. Best of luck.

http://www.cbc.ca/news/canada/canada-s-refugees-by-the-numbers-the-data-1.3240640#arrivals

https://www.canlii.org/en/

http://www.irb-cisr.gc.ca/Eng/FindRech/Pages/faq.aspx#rpd

https://www.canada.ca/en/immigration-refugee.html

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-256/index.html

http://www.irb-cisr.gc.ca/Eng/RefClaDem/Pages/ClaDemGuideLegAidJur.aspx

 

[canuck78]

Dear canuck,
Thank you for response.



Please correct me if I am wrong. The process goes this way
Claim Asylum --> If you are accepted, you may apply for WORK PERMIT --> Meanwhile, Once your Asylum case is approved, you may then apply for PR --> After PR and once allowed by authority, you may then apply for Canadian Citizenship.


Yes due to your lack of funds you will qualify for welfare payments and so you will be granted a work permit in the hopes that the government can stop providing you with any financial support. Yes this is the process but this may take up to 10 years to complete.


I have just CAD 1800 at the moment which I don't believe will do much for me for a long time. I consider this to be very low fund for me. I cannot apply through an economic stream.


I dont have sufficient funds how will i proceed ? I cannot hire my own lawyer for the moment.

You will be provided legal aid if it is determined you qualify.

Thank your for help.