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Refugee Claim urgent help needed!

gigi123

Member
Apr 14, 2012
12
1
Hello,

So my girlfriend had applied for a refugee claim almost 7 months ago and she received a Scheduling conference letter which is to take place in May 2012. What happens at this scheduling conference? And after how long is the hearing usually scheduled? Also, What if we withdraw her refugee claim and she goes back to her homeland (considering it wont be completely safe for her), can she still apply for a study permit or work permit right away? Is there any way for her to come back if she withdraws it? We cannot afford a lawyer. She is from pakistan, what are the chances of it getting accepted? Please help us and show us a way out other than marriage due to personal reasons. I need her to stay in canada with me, please help me. Guide me through on what i should do. :(

-S.K
 

incognito_88

Newbie
Mar 27, 2011
6
0
if u guys want to stay together why is she considering to go back? it would definitely affect her chances to again obtain a visa regardless of what anyone says. on what basis did she claim asylum? sometime it takes almost a year after applying for asylum that actual hearing starts but you can never say this for all the cases. Some cases can be quick. i would say you should definitely stick with the asylum thing if its genuine.
 

newtone

Champion Member
Nov 10, 2010
2,032
157
Job Offer........
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It dosent look like this case is a genuine refugee claimant
 

gigi123

Member
Apr 14, 2012
12
1
The hearing has been scheduled for June 2012. Her case is based on homosexuality as it is forbidden in pakistan. She has been in an open relationship with me for a couple of months now. She does not however have evidences of what had happened to her back home, however, there are many articles stating what happens to such people in her home country. what are the chances of her case being accepted in such a situation?? and what sort of proof or evidence should she take with her?
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
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
Unfortunately I think her chances are low. She needs to demonstrate that she has specifically been the victim of threats / violence / etc. due to her sexual orientation. I don't think articles about other people are going to be considered as proof. She has to show strong evidence that she herself has been victimized (i.e. letters, police reports, etc.).
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
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
Just to add - if she withdraws the asylum claim I think the chances that she will be later approved for a study visa are extremely low. To qualify for a study visa, she would need to demonstrate that she has strong ties to her home country and no plans to remain in Canada long term. Given she filed as a refugee, this would be very difficult to prove. To be approved, she would also have to show a bank balance that covers first year tuition and an additional $10K to cover living expenses (you mentioned you were short on money).
 

NBaker

Hero Member
Oct 23, 2011
293
7
If you are living common-law [not quite the threshold yet of 1 year] or marry your girlfriend and a genuine relationship is determined she could be granted permanent residence.

She could withdraw her refugee claim and return home and submit the application which will likely be faster than applying from within Canada.

If she does withdraw the claim and leaves within 30 days of the removal order coming into force following withdrawl of the claim then she would not require permission to return to Canada if approved for permanent residence as a common-law or spouse, but if she leaves later than that her removal order will become a deportation order and she would need to be granted authority to return to Canada, ARC.

If you apply to sponsor her from in Canada the refugee claim could continue. Timing is most important for any application made in Canada since her hearing date is approaching. Applying after a decision is made negatively on a claim can give the impression of applying purely to remain in Canada and can call into question the genuiness of the relationship. The process is a long one in Canada as well and in the end could be refused requiring her return home.

Only if she is found to be a convention refugee may she remain and apply in her own right for permanent residence.

You will need to carefully consider the responsibility of sponsorship and what is best in your circumstances.
 

FallingLady

Newbie
May 11, 2012
3
0
First and foremost - refugee process is meant for refugees. I would not advise to go this route unless you have a genuine case. You will be involved in a gruelling interview and be asked to state many details and recount many events. You will need to provide evidence such as police reports and proof of incompetence on your government's part to protect you.

Having said that, both, homosexuality and religious persecution are valid refugee cases. You may have to provide evidence that you are indeed homosexual (pictures?). For religious persecution, provide evidence of your religion (letter from Pastor/Imam, etc.). Then you'd have to provide evidence of intolerance of those in your home country.

1)
You can claim refugee status on a Visitor Visa, or just somehow end up in Canada and claim refugee status. You can also be referred by the UN or privately sponsored by a community here in Canada. Although these usually go to refugees in dire need - such as those from (usually) African, war-torn countries such as Congo. (Our Church has sponsored two families from Congo.)

I don't recommend committing a felony such as obtaining a fake Canadian passport. Having said that, the odds of obtaining a Visitor Visa depend highly on you being able to convince the officer of your return.

2)
No, it is not 100% sure that Canadian authorities will not deport you. Having said that, most cases, you are detained (prison). If they determine that you are some kind of a threat, they might put you on a plane back. This rarely happens though. You do not need an immigration lawyer to file an application on your behalf. You can consult a refugee lawyer (they are usually specialized) though. Expect fees of upwards of $3000 per person/case.

3)
No, you may not include your parents. Your parents may include you, depending on your age. If your parents want to apply for refugee status, they must flee and apply here as well. Given new/changing sponsorship requirements, it is unlikely that you will be able to sponsor your parents easily in the future.

4)
If it is determined that you do not have enough funds to support yourself, yes, you may apply for a work permit. In addition, if you obtain admission into a study program, yes you may apply for a study permit. Yes, you may work a fulll-time job on a refugee work permit - it will look like any other work permit. There is no guarantee that you will be able to afford your expenses through that job. Job market isn't exactly great in Canada. You may have trouble finding a job, keeping a job, paying for your case fees (and taking time for it), etc. You are on your own when you get here.

5)
As you can't name them, they must have their own application. So you must bring them.

After looking into what "Sipah-e-Sahaba" is - note that given that your country actually bans that organization, the odds of your case being accepted are low. It isn't sufficient to show that you are suffering; you must show that your government is incapable of protecting you. Given that it is making efforts to protect you, it might be hard.

As for OP's post:
Given that it is May, you probably know all the details of what happens at a scheduling conference.

She can withdraw her claim at anytime and return to her home country. If she withdraws her claim, she may never make a claim again. Yes, she can apply for a work permit or study permit right away - however, there are no guarantees that she will obtain them. She must show intent of returning to her country with a study or work permit. She is able to return to Canada through any legal means offered - Visitor Visa, Permanent Residence, etc. Your friend should consult the Rainbow Refugee Committee (specializing in LGBT refugees): rainbowrefugee.ca