In need of advise - Refugee Case

[kajota]

Hello members,

I really hope someone here is able to provide us with some advice regarding my common-law husband's case below.

In February 2008 he made a claim as a Person in Need of Protection. I'm not really familiar with the proceedings of Refugee cases but he had to sign a departure order upon making the claim.

His hearing was to take place in March '09 - He was advised to drop the Refugee claim during that one year period he was given and seek a company willing to sponsor him based on his trade skills.

In July '08, he received a letter informing him that his case was fast tracked and the hearing would take place on September 30, 2008. He did not withdraw his claim and we naively thought he had a good chance of getting the claim accepted.

Yesterday, however, we received the decision: denied. The letter said nothing about him having to leave the country or that departure order becoming effective. What happens now? Does anyone know? It does state that a Pre-Risk Removal Assessment application (if he is entitled to one) will be sent at a later date.

Is there enough time to file a Spousal Sponsorship before he is given the boot? I do not want to be left behind without him. He and our newborn daughter are the only family I have in Canada but if baby and I leave with him, all the hard work and sacrifices hubby and I have made would be vain as we do not have any savings to start all over again back in our country.

Also, would he need new police clearance/medical examinations, etc., if some of those requirements were already collected for his Refugee claim?

[BCguy]

You can file an appeal,Since you cannot sponsor somebody under a departure order,You can work on his papers ASAP ,But if there is a departure order,He has to go,Have you appealed?

[Maple_Leaf]

The fact is, even those people coming from war-ravaged countries with despotic form of government have a mere 50% chance of being granted a Refugee status. I've also known Refugee claimants who lived in Canada for such a long time with houses and Canadian-born children but were refused and subsequently deported or voluntarily left from Canada. Have you heard about the refugee claimant from Toronto who claimed he testified in court against a drug lord in his home country and if he is sent home he will certainly get hunted by these Drug lords? His Refugee claim was denied even though a police officer from his home country testified to the truth of his claim. I am not writing these things to discourage you but on the contrary to give you a clearer understanding of your case and situation. The next step to your case is to appeal it to the Federal Courts which, on my experience, is a waste of money other than to buy you more time, unless of course you can back your claim with solid and bountiful evidence. Should you pursue an appeal, good luck you you. You can also wait for the PRAA or Pre-Risk Removal Assessment( they will send you the application form to complete) where the claimant will come in face to face with an officer to assess the risk of deporting the claimant his/her home country. During the PRAA conference the claimant can beg, plead, explain his case to the officer, which in most cases is an exercise in futility. I am hoping and praying that your case will be reversed because there is nothing wrong in one's desire to live a meaningful life in Canada. However, in the event that your case is not reversed after the PRAA conference, I urge you to leave Canada voluntarily if you like to prepare an easy re-entry in the future. Here are the choices in the event that your claim is still denied after the PRAA conference: 1. You will be asked to buy your plane ticket and leave Canada before a deportation order is issued against you; 2. Wait for the deportation order, the Canadian Government buys your air ticket and deports you out of Canada. I always suggest the first option to those who ask me. These are the reasons: 1. If you leave voluntarily, You don't need a Minister's Permit should you want to re-enter Canada, 2. If you are deported, you will be escorted by Canada Border Officers from the time you report to their office in the airport until you board the plane; You will be the last to board the plane and last to disembark; you will always be escorted for questioning to the immigration office of the countries your plane may happen to land even for connecting flights; You need to secure a Minister's Permit should you decide to reenter Canada plus you need to repay the air ticket the Canadian government spent for your deportation flight.      

[Maple_Leaf]

Your worries and concerns are valid and understandable. But I've known of some Refugee Claimants whose application were denied, left Canada and subsequently returned as Independent Immigrants or as foreign worker. A family, after their Refugee application was denied, returned to their home country and started a very, very  successful online business who, at the time of this writing, are having a good time vacationing in Switzerland.(too bad I cannot disclose their website) What I am really trying to tell you is that leaving Canada may turn out to be a blessing. Just brows at this very good forum and you will know that there are many ways of coming back to Canada. As a matter of fact, a former refugee I knew is going back to Canada as a foreign worker. Don't worry, a way will be shown you. Good luck to you and God bless. 

[Mel2904]

You can file an appeal,Since you cannot sponsor somebody under a departure order,You can work on his papers ASAP ,But if there is a departure order,He has to go,Have you appealed?

That is NOT correct! Please don't disinform the OP.

You have nothing to worry about. I have been refused as a Conventional refugee and since than my wife is sponsoring me and nobody asked me to leave, nobody WILL as long as she is sponsoring me. The reason why letter states that a PRRA app will be sent at a later date is for them to have time to check if there is any other valid reason for your husband to remain in Canada. And your sponsorship is a damn valid reason, trust me. As long as CIC RECEIVES! your signed sponsorship BEFORE! CBSA invites your husband for a PRRA assessment, you will be fine. In another words, you're the only one who's keeping your husband in Canada. So he better treat ya right!!!

[BCguy]

You can file an appeal,Since you cannot sponsor somebody under a departure order,You can work on his papers ASAP ,But if there is a departure order,He has to go,Have you appealed?

That is NOT correct! Please don't disinform the OP.

You have nothing to worry about. I have been refused as a Conventional refugee and since than my wife is sponsoring me and nobody asked me to leave, nobody WILL as long as she is sponsoring me. The reason why letter states that a PRRA app will be sent at a later date is for them to have time to check if there is any other valid reason for your husband to remain in Canada. And your sponsorship is a damn valid reason, trust me. As long as CIC RECEIVES! your signed sponsorship BEFORE! CBSA invites your husband for a PRRA assessment, you will be fine. In another words, you're the only one who's keeping your husband in Canada. So he better treat ya right!!!

Sorry I regret to inform you that the refugee I was trying to help was DEPORTED leaving his Canadian wife and Child here in Vancouver,We made requests to IRB and CIC but He was still deported,It is better to advice your client to prepare for the worst