SPOUSAL STAY OF REMOVAL NEEDED FOR PRRA REMOVAL ORDER URGENT!

[Canada1984]

ADVISE NEEDED, VERY URGENTLY

My wife came here as a refugee in November of 2008. Her case was rejected after a hearing that took place April 2010. She then made an appeal to the federal court and that was rejected in march 2011. Meanwhile in February 2011 my wife filed for H&C. My wife and I married on March 31. We submitted our application for in land sponsorship on April 7th and they received it on April 8th. We were then served with the prra in May. We filled out the prra application in the given time and received a rejection decision Feb 6th, 2012 for both prra and H&C. We have been told that an administrative deferral has not been granted and that she needs to return to the office in toronto thursday feb 16th with airline tickets with a date no later than March 13th. We asked the officer for a deferral until the end of April to allow time for the Spousal application to be processed which was denied. My lawyer is making a formal request to defer deportation and if rejected by the removal officer we plan to appeal that decision to the federal court. Does anybody know what the chances are of a Judge over-ruling the decision of the CBSA officer and allow the deferral?

Thank you for your time.

 

[PMM]

Hi

ADVISE NEEDED, VERY URGENTLY

My wife came here as a refugee in November of 2008. Her case was rejected after a hearing that took place April 2010. She then made an appeal to the federal court and that was rejected in march 2011. Meanwhile in February 2011 my wife filed for H&C. My wife and I married on March 31. We submitted our application for in land sponsorship on April 7th and they received it on April 8th. We were then served with the prra in May. We filled out the prra application in the given time and received a rejection decision Feb 6th, 2012 for both prra and H&C. We have been told that an administrative deferral has not been granted and that she needs to return to the office in toronto thursday feb 16th with airline tickets with a date no later than March 13th. We asked the officer for a deferral until the end of April to allow time for the Spousal application to be processed which was denied. My lawyer is making a formal request to defer deportation and if rejected by the removal officer we plan to appeal that decision to the federal court. Does anybody know what the chances are of a Judge over-ruling the decision of the CBSA officer and allow the deferral?

Thank you for your time.

Close to none.

 

[Canada1984]

Hi


Close to none.

What are your experiences with this to know there is little chance? I was sure that I must have a chance since I have a lawyer that will take the case on the basis that he is only paid if he is successful in obtaining a positive decision.

 

[Canada1984]

Any further advise from anyone would be greatly appreciated.

 

[Canada1984]

Can anybody with experience in this matter help me?

 

[visita44]

I don't want to be negative.. There is a RED FLAG in your situation.. You married her after her appeal refusal.. Should bear a very convincing reason why suddenly the marriege just days after appeal rejection...

You may have a chance if you have dated documents as proof that you have been living together as a couple (marriage-like situation) before the appeal refusal...

 

[Canada1984]

I don't see how that could be since we have a very strong case. We have traveled to british columbia, nova scotia to meet my family, Montreal for vacation and Niagara falls four or anniversary. We have jointly leased vehicles, spousal rrsp Incestments, joint bank accounts. A million dollar life insurance policy with her as the beneficiary. I feel if there was a red flag they would reject the application especially since you cannot even appeal an in Canada sponsorship

 

[CharlieD10]

Since your wife has not received AIP yet, (I believe they are still processing Jan 2011 applications at CPC-V), you don't know whether the application has been rejected or not. Unfortunately, a spousal sponsorship is not sufficient grounds for a stay of removal. It doesn't matter how genuine your relationship is, unless you have a case that satisfies the legal grounds for a stay, your wife will be deported. In addition to losing your Inland application, you will be required to re-apply Outland, and she will need ARC to return if she does not leave when she is supposed to.

Take what PMM says literally, the chances are slim to none she'll get that stay. It doesn't matter if your lawyer thinks you have a good case, I suggest you consider the worst-case scenario and prepare yourselves to deal with it. If you win, more power to you. If you lose, at least you won't be at a complete loss for what to do next.

 

[catty]

same thing happend to my girlfriend and she was send back to her country...you will have to reapply and she will have to get a pardon

 

[tintin79]

I am in the same situation. My husband refugee was denied in Nov 2010, I married him in April 2011 however we did not get to file inland spousal because the PRAA arrived before we got married. He went back to his home country after they denied the PRAA so now i did the outland sponsorship october 2011.

Now my mother in law is pretty much jus like you. Her Praa and H& C was denied. She has a lawyer who has sent in a deferral request to have the removal date moved to June so that her daughter can graduate highschool in June.they want her to leave march 5th so she purchased a tkt however she also has a daughter that was born here in Canada w/ a health condition. She's appealing to have another officer look over the case. So we are waiting to see if they will at least keep her until June which will at least buy more time.

If they tell u to leave just leave but if you can afford to fight it then do so

 

[Canada1984]

Normally, CBSA will defer a removal if the marriage and sponsorship was submitted before the PRRA letter was sent. Because this is only their practice and not their policy, they have not broken any policy rules but my lawyer is trying to ask them formally for a deferral. If they reject the deferral, that can be appealed to the federal court before the deportation date. In court we would need to argue what hardship would be faced to both of us if she returns to Colombia. We can also argue that CBSA's practice is inconsistent. My lawyer had the enforcement officer on the phone yesterday and he was acting like he wasn't aware that our sponsorship was before the PRRA which doesn't make sense because we informed him at the Interview on Monday. He had us agree to purchase tickets to leave on March 13th and return with the tickets on Thursday. My lawyer cannot file for a deferral until there is an official date set when we give the officer the tickets on Thursday. As I had mentioned, there will not be a problem with the sponsorship as long as she can obtain a deferral for the application to be finished which should be sometime in April or May for AIP.

 

[visita44]

Do you know the status of your wife's permanent resident application? If you submit it april '2011 , you should be able to see the application status online or at least can call CIC hotline...

 

[Canada1984]

They just said it is in process like it says online and that they will have a decision in April which is one month too late. My local MP is going to make an inquiry for more details.

 

[visita44]

Goodluck !!!

 

[PMM]

Hi

They just said it is in process like it says online and that they will have a decision in April which is one month too late. My local MP is going to make an inquiry for more details.

I suggest that you read the federal courts decisions on deferral of removal. http://decisions.fct-cf.gc.ca/en/ in containing words section put "removal deferral"