NEED YOUR ADVISE

[ogundarea]

I recently received a negative refugee claims and also got an appeal as the judge uses IFA to make judgement.
he also stated that he is not convincingly enough with the information provided.
What other things could be done to win the appeal.
Thanks in anticipation of good advise and responses.

 

[Buletruck]

Hire a good immigration lawyer.

 

[ogundarea]

Hire a good immigration lawyer.

Thanks bro,
As at today, i search and got one of them which she agreed but insist if legal aid fail to approve her funding, i will pay.
i already got a certificate number from legalaid yet she said she needed their response before she could laid hand on it and the 15days is counting

 

[Buletruck]

If legal aid determines you are financially eligible to pay yourself at this time or if they review your refusal and feel there is a limited chance of success for your appeal, they may refuse to subsidize the legal costs. Legal aid won’t waste resources on a case that doesn’t have sufficient merit for a positive decision.

 

[canuck78]

Legal aid has limited funding and there is a huge demand on the service so they don't always cover appeals. The lawyer just wants to know she will be paid if the legal is denied. If you want her to start working you can pay her upfront and get reimbursed if you receive legal aid.

 

[ogundarea]

Legal aid has limited funding and there is a huge demand on the service so they don't always cover appeals. The lawyer just wants to know she will be paid if the legal is denied. If you want her to start working you can pay her upfront and get reimbursed if you receive legal aid.

Great words and well said.
That means the first level of certificate number they gave out was not valid enough no wonder she emphasized on waiting to get the final approval from legal-aid. i will relate this with my wife and see how we could rally round to pay upfront.
we have equally got some new evidences and i hope all will end well.

 

[Buletruck]

The IFA finding may be difficult to overcome without significant evidence to prove otherwise. The onus will be on you to disprove the IRB/judge assessment that an IFA exists in your home country and is not a viable option. Unless the evidence you have addresses that, it might be a challenge to obtain a positive appeal.

 

[ogundarea]

The IFA finding may be difficult to overcome without significant evidence to prove otherwise. The onus will be on you to disprove the IRB/judge assessment that an IFA exists in your home country and is not a viable option. Unless the evidence you have addresses that, it might be a challenge to obtain a positive appeal.

Nice one, am getting more informed.
i could understand you vividly. what if the new evidences that almost resulted to death were presented coupled with other factors that could not allowed my family to stay in PH/abj as he described. Just raising an opinion though.

 

[jerrymsigwa]

I hope your case will be solved smoothly.

Just a question, how do they prove cases whilst those things happened in your home country? I am trying to anticipate someone who is a gay and evidence is needed to testify before the judge

 

[ogundarea]

I hope your case will be solved smoothly.

Just a question, how do they prove cases whilst those things happened in your home country? I am trying to anticipate someone who is a gay and evidence is needed to testify before the judge

They uses past report (statement) from any writer to conclude your case. They refer you to his or statement thats either positive or negative to draw their conclusion except otherwise your narrative is well equipped with facts by your lawyer,

 

[ogundarea]

The IFA finding may be difficult to overcome without significant evidence to prove otherwise. The onus will be on you to disprove the IRB/judge assessment that an IFA exists in your home country and is not a viable option. Unless the evidence you have addresses that, it might be a challenge to obtain a positive appeal.

Is there usually hope in winning an appeal from your own perspective?

 

[Buletruck]

There is always a chance, and that’s why there is an appeal process. Decisions are made based on “the balance of probability”, and by human beings. Not always an Infalable system!

https://en.m.wikibooks.org/wiki/Canadian_Criminal_Evidence/Standard_of_Proof

In essence, you only need to convince the trying body that your position is more likely to be correct than the opposing sides position. Your evidence would need to support that position. Rather than adding similar to the evidence that was used in your previous hearing (because that’s already been reviewed and discounted), your new evidence should be of a nature that sways the decision maker that your claim is “more likely” than previously decided. Your not out to get a 100% win, your trying to get 50% or better.

 

[eeshoo]

I recently received a negative refugee claims and also got an appeal as the judge uses IFA to make judgement.
he also stated that he is not convincingly enough with the information provided.
What other things could be done to win the appeal.
Thanks in anticipation of good advise and responses.

is IFA necessary in general scenario in terms of country OR related to specially your case? means proving IFA in general scenario OR specially ur case related issue?
Thanks

 

[sherryl89]

If you are from Nigeria and India IFA is a tool that makes them conclude your case faster. Sorry to say this my lawyer told me most of the Nigerians and Haitians have vague cases and there are chances that 75% of them will be sent packing from Canada. On the other hand he said Most time Indians are favoured but he doesn't know why.......

 

[sherryl89]

When did u arrive in Canada and when did u get Ur hearing. It's best like u said to have Ur appeal in motion I am glad for you. I don't know if u are here with family so u can apply for H&C