SPONSORSHIP DENIAL / REFUGGE CLAIMANT

[mdeurite]

Hello everyone.
I live in Africa. my husband who is a permanent resident of Canada tried to sponsor me and our child. but the application was denied because CIC claimed he didnt inform them that he was married when he became a landed immigrant. so my application was denied.

there after i applied for a US visa and i was granted a 2 years multiple and i proceeded to the USA with my daughter. my husband visit me in USA regularly.

Now am planing to cross over to Canada and declare refugee.
my fear and question is my chances if i decided to seek refugee status, will they accept my claim, will it not affect my husband?

i need advice please.

thank you

 

[scylla]

Your situation is complicated.

Normally you can't claim refugee status at the border due to the safe third country agreement. However there is an exception to this law if you have family in Canada.

However since your husband failed to declare you when he became a PR, I'm not sure if CIC will allow you to claim him as a family member to satisfy the safe third country exception.

I honestly don't know the answer. Might be a good idea to consult with a lawyer before you try anything.

 

[zardoz]

Claiming refugee status as an alternative to the 117(9)(d) refusal is, in my opinion, likely to be seen as a cynical attempt to circumvent the IRPR.

 

[Rob_TO]

my fear and question is my chances if i decided to seek refugee status, will they accept my claim,

Do you actually have a valid claim for refugee status (so valid evidence that your life would be in danger if you returned to Africa), or are you just using it to be with your husband in Canada?

 

[mdeurite]

yes i have a valid reason. but my fear is whether my claim will be accepted based on the fact that i have earlier been refused on my sponsorship application on 117(9)(d) ground

 

[scylla]

yes i have a valid reason. but my fear is whether my claim will be accepted based on the fact that i have earlier been refused on my sponsorship application on 117(9)(d) ground

I think your main issue is that you may not be able to claim refugee status at the border due to the safe third country agreement. Yes - there's an exception for individuals who have family members in Canada. However since your husband failed to declare you in his application, it's quite possible CIC won't let you count him as a family member. Do you have any other family members who are already in Canada?

 

[mdeurite]

no i dont

 

[scylla]

no i dont

Then I would pay for a consult with a good immigration lawyer before attempting to claim refugee status at the Canadian border.