Denied marriage, looking to do refugee claim

[Keida]

I have a question someone told me that a man got married and they denied it saying it’s fraud, now he will do a refugee claim, is that possible?

 

[scylla]

I have a question someone told me that a man got married and they denied it saying it’s fraud, now he will do a refugee claim, is that possible?

He can certainly file a refugee claim. Whether it will be approved is an entirely different matter.

 

[Keida]

Wow, no guarantee approval

 

[canuck78]

I have a question someone told me that a man got married and they denied it saying it’s fraud, now he will do a refugee claim, is that possible?

If applying now and new legislation passes he wouldn’t qualify assuming he has been in Canada for over a year.

 

[Keida]

A few years actually, when will the new legislation pass?

 

[wiener]

I have a question someone told me that a man got married and they denied it saying it’s fraud, now he will do a refugee claim, is that possible?

If he is subject to removal order because of misrepresentation and fraud marriage, he will not be eligible to make refugee claim. Refugee claims are based on well-founded fear of persecution or risk to life upon returning to home country.

 

[Keida]

Oh gosh, well I’ll tell the person who told me so they can tell that person not to make that mistake and cause further conflict

 

[canuck78]

A few years actually, when will the new legislation pass?

Hasn’t passed yet but it will be retroactive it if passes

 

[Keida]

Ok thanks so much

 

[wiener]

Hasn’t passed yet but it will be retroactive it if passes

It may pass, but unlikely without amendments. Retroactivity of bill C2 is about eligibility for referral to RPD. If someone apply now and claim is referred in short time to RPD, the new bill would not apply.

 

[canuck78]

It may pass, but unlikely without amendments. Retroactivity of bill C2 is about eligibility for referral to RPD. If someone apply now and claim is referred in short time to RPD, the new bill would not apply.

Don’t interpret the proposed bill that way. I read it as though you would be ineligible for referral so the application would no longer be valid not that you are safe if you make it to RPD.

“As proposed, a claim would be ineligible for referral if refugee protection is claimed more than one year after an individual’s first entry into Canada after June 24, 2020.”

 

[wiener]

Don’t interpret the proposed bill that way. I read it as though you would be ineligible for referral so the application would no longer be valid not that you are safe if you make it to RPD.

“As proposed, a claim would be ineligible for referral if refugee protection is claimed more than one year after an individual’s first entry into Canada after June 24, 2020.”

No, this is incorrect. The asylum provision in Bill C2 is regarding whether refugee claimant is eligible or not for referral to RPD. Bill C2 essentially introduces two more grounds to eligibility criteria (eligibility interview). Refugee Claims already referred to RPD at any date would no affected by Bill C2 and remains at RPD`s jurisdiction. I suggest you to read bill carefully or you can ask lawyer. Claims not yet referred would be affected once bill passes and receives Royal Assent. However, bill may not pass until early 2026, and unlikely without changes.

 

[scylla]

Wow, no guarantee approval

Why do you think approval would be guaranteed? If anything, he should expect IRCC to review the asylum application extremely closely given the past history of a fraudulent marriage to gain PR.

 

[canuck78]

No, this is incorrect. The asylum provision in Bill C2 is regarding whether refugee claimant is eligible or not for referral to RPD. Bill C2 essentially introduces two more grounds to eligibility criteria (eligibility interview). Refugee Claims already referred to RPD at any date would no affected by Bill C2 and remains at RPD`s jurisdiction. I suggest you to read bill carefully or you can ask lawyer. Claims not yet referred would be affected once bill passes and receives Royal Assent. However, bill may not pass until early 2026, and unlikely without changes.

Then unless they are holding back referrals there was very little point in putting in a date or that clause. The goal of being able to eliminate groups in general from the backlog would be sufficient.

 

[Copingwithlife]

Wow, no guarantee approval

What do you think ? Fraudulent marriage to stay in the country. Then next up is a refugee claim to stay on the country ?

Seriously ?

No wonder the majority of people in this country are anti immigration