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Refugee Claim: Urgent Help needed by experts!

KarimaM

Newbie
Sep 24, 2013
4
0
Good morning.

I hope the forum experts will be able to help guide me as I have an urgent issue that I need help on.

My father applied for PR in 1999 and was granted PR in 2001, he landed in Canada along with myself and my brother.
He stayed in Canada for a few months then he and I had to return to Pakistan as my mother was unwell at the time and did not land here.

My father and I continued to visit canada in 2002 and 2003, and my father spent a full year here from 2003-2004 as well. Then in June 2004 he went back to Pakistan as he needed to raise funds to look after my mother.

His PR and mine expired in 2006 and we did not attempt to renew it. However, recently my father has become a target of the government of pakistan for harassment and victimization as they believe he is 'loyal' to another political group, even though my father is a working professional and has never been a politician.

They have barred him from leaving the country and are trying to fabricate false cases against him to extract some supposed revenge for being an 'enemy' in their books.

My father is 71 years old, a widower, and is not in the mental, financial or physical position to deal with this kind of victimization. I wanted to get him out of Pakistan as soon as possible however I do not want to wait for applying for a super visa for him, as I need him to leave the country as soon as possible.

How can we file a refugee claim for him and would his current scenario be a valid one for granting refugee status? Secondly, can he still use the expired PR card from 2006 to board a flight for canada or will they not allow him to board the flight?

If not...what is the best way to get him to canada, again recognizing that CHC Islamabad is not the best embassy when attempting to get anything done quickly.

Please guide...thanks in advance.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
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
He can't use the expired PR card to fly to Canada. The airlines won't let him board the airplane.

I would encourage you to review the options for applying for refugee status from outside of Canada. This is a fairly involved process and it's certainly not fast:

http://www.cic.gc.ca/english/refugees/outside/index.asp

You would likely be far better off applying for the Super Visa (assuming he can pass the medical).
 

KarimaM

Newbie
Sep 24, 2013
4
0
Thank you for your response.

He recently did a medical for a US visa and his medical was okay. He has a valid US Visa, and I was reading he could land in US and then I could pick him up and attempt to cross the border via private vehicle at which point we would make his refugee claim, is that true?

And if so, would they allow him into canada at that point - while they process his case or will they keep us at the border indefinately?

Supervisa is something that will take many months...I am trying to find a way to get him here ASAP - possibly within 3 - 4 weeks max. Both him and my younger sister are in a lot of stress and harassment out there and the sooner I get them out of there the better
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
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
KarimaM said:
He recently did a medical for a US visa and his medical was okay. He has a valid US Visa, and I was reading he could land in US and then I could pick him up and attempt to cross the border via private vehicle at which point we would make his refugee claim, is that true?
It's difficult to say exactly what would happen at the border. According to the Safe Third Country Agreement, he is supposed to claim refugee status in the first "safe country" he reaches. In this case that country would be the USA (not Canada). If he has no immediate family in Canada (it's unclear if your brother is still in Canada) then I think it's possible he will be turned away at the border and sent back to the US side.

The Safe Third Country Agreement contains an exemption for those with immediate family members in Canada. So if your brother is still in Canada, your father may be allowed to apply. I don't have any first hand experience in how this rule is applied at the border. Hopefully someone else will be able to comment.
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
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
FYI - you can read more about the Safe Third Country Agreement here:

http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp
 

scylla

VIP Member
Jun 8, 2010
95,950
22,190
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
Good luck - hope something works out.
 

WishuWereHere

Star Member
Mar 6, 2013
128
10
Your father can claim for Refugee at the Canada's port of entry. As long as one of his relative such as Daughter, son, uncle, aunt are residing in Canada with valid residency status.