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zender823

Newbie
Oct 4, 2015
6
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Friends help assess the chances of getting asylum in Canada. I summarized my story and I would be interested to know your opinion.

My name is Oleksandr. I was born and have been permanently residing until 2013 in the village of Fashchivka, Luhansk region, eastern Ukraine. I spent my whole conscious life in Luhansk region. In 1999 I completed Fashchivka Secondary School #24. Upon completion of school I successfully passed examinations and entered Luhansk Teachers' Training University majoring in social work and psychology. I commenced my employment activities in Luhansk region, namely at the Executive Committee of Zhovtnevyy District Council of the city of Luhansk. My employment continued at Luhansk Regional State Administration. I have been working for the public agencies that supported the Ukrainian policy.
In January 2013 I started working in the United Arab Emirates according to my friends' proposal. It was an interesting proposal, which enabled me to get new background and to gain an international experience. Therefore, I took the proposal and started working at Dubai International Travel Company.
My parents remained in Luhansk region. I kept in touch with my parents, I was interested about what was happening in Ukraine. The events connected with the annexation of Crimea in March 2014 affected me. However, the crisis in the eastern Ukraine, i.e. in the territory where I was born, where I studied and worked and where my parents lived, had been a hard blow to me. Starting from April 2014 I was continuously receiving the news about seizures of administrative authorities in my native city by pro-Russian military groups. There are active military actions in Luhansk and its suburbs, and my parents found themselves in the focus of them. It was unsafe to remain in the territory, which was actually controlled by the terrorists, and my parents were forced to leave the city and to search for a refuge at their relatives and friends' places. Nervous stresses and anxiety resulted in my father's disease. He was in St. Elizabeth Hospital, but they refused to make him a surgical procedure. Despite all danger, my father returned to his mother's village in Luhansk region and died there on September 28, 2014 as a result of glioma of dextral parietal lobe. For a long time my mother did not even know where my father was, she did not have a possibility to say goodbye and to bury him. My mother took hard the death of her husband and my father Babushkin Yevhen Valentynovych, born in 1955. My mother can not come back to Luhansk region, because this territory is controlled by pro-Russian mercenaries. She has been residing at her friends' place in western Ukraine since 2014.
On April 13, 2014 President pro tempore Oleksandr Turchynov stated that in order to stop a wild burst of terrorism, organized by Russian intelligence service in the eastern regions of Ukraine, the Council of National Security and Defense of Ukraine commenced a large-scale anti-terrorist operation involving Armed Forces of Ukraine. The situation in Ukraine is very complicated now, an undeclared war in the East is still lasting. The first and the second waves of mobilization took place in spring of 2014 pursuant to the Decrees of the President pro tempore dated March 17 and May 06. The third wave commenced on July 21 pursuant to the Decree of the President. On July 22 the Supreme Council voted for the corresponding law. There were 7 waves of mobilization announced in Ukraine. Men aged from 25 until 60 years old are subject to mobilization if to speak about soldiers and sergeants. The age limit for the officers is 60 years, for senior officers – 65 years according to the Law “On mobilization training and mobilization” This law is peculiar by the fact that the draft is practically compulsory. The young men, who have nothing to do with a military sphere and who are not the employees of the internal affairs bodies are forced to come to the military registration and enlistment office with the help of police, where they are served with call-up papers and sent to the region of combat operations. The procedure of serving call-up papers takes place with crude violation of laws. There were cases when the police and officers of military registration and enlistment offices organized real raids for the men of call-up age at the airports, railway stations, border crossing points.
Since September 2014 Luhansk was occupied by the terrorists and pro-Russian mercenaries. Terrorists turned Luhansk into a large military camp. Luhansk was exposed to mass shelling on part of separatists, which led to partial or full destruction of some districts of the city. My house was ruined completely as it was located not far from Luhansk airport, where the most cruel fights took place. It is impossible to return to my native city, where there is no electricity, water, cell communication, foodstuffs in the shops, people are out of money. As a result of armed conflicts civilian residents die, some of my friends perished too. Separatists force men to mobilization and fight. I have never served in the army. According to my moral and ethical beliefs, I am not able and do not want to kill people, including my countrymen. I am not able to return to other territories of Ukraine too, as I shall automatically be subject to mobilization. Evasion from mobilization entails criminal responsibility. Pursuant to art. 336 of the Criminal Code of Ukraine, evading conscription service on mobilization is punishable by imprisonment for a term of two to five years. Thus, in accordance with art. 210-1 of the Code of Ukraine on administrative offenses, infringement of legislation on defense, mobilization training and mobilization (in particular, failure to appear at military registration and enlistment office without valid reasons) entails penalty from citizens from ten to thirty untaxed minimums of citizens' income (from UAH 170 to 510). I can not rule out the possibility that in case if I am drafted to the army, I shall be forced to fight with separatists, among whom could be my friends, residing in Luhansk region. I would like to emphasize once again that as a teacher and a Christian, I am not able to take weapons and get to my city to kill people. I am convinced that there are military professionals with special training who could deal with it, and not just ordinary young people, thrown under fire to die. There are many military men in Ukraine, who participated in peacekeeping operations and who are motivated for the service. That is why it is not surprising that the seventh wave of mobilization plan was fulfilled for 50% only, as the position similar to mine is supported by a lot of people. Many criminal cases were instituted in this connection for evasion from mobilization, many persons are wanted.
At present while I stay in Dubai, I realize that there is no possibility for me to return home in the nearest time. I do not want to be among those against whom a criminal case is instituted and who will bear criminal responsibility.
 
If you want to apply for asylum from outside of Canada you must first be recognized as a refugee by UNHCR or another referral organization. So that would be your first step if you want to pursue this.
 
zender823 said:
What about if i apply inside Canada ?

In that case you will have to obtain a TRV (tourist visa) to be able to travel to Canada.

If you are interested in immigrating to Canada, you should really find another way (other than applying for asylum). Your case has a very low chance of succeeding since conscription isn't typically accepted as grounds for a refugee claim and because there are plenty of safe places where you can live in Ukraine (as your mother has done).

What is your status right now in Dubai? Are you there on a work permit? If so, I would look to extending that work permit as another alternative.
 
I repeat return to the country is not safe, it is begun forcible military conscription of reservists and everyone who can hold a gun, and draft evasion is prosecuted prison sentence. This may not be a ground for asylum? Plus i can't stay in UAE for long time, that country is not provided asylum for seekers
 
zender823 said:
I repeat return to the country is not safe, it is begun forcible military conscription of reservists and everyone who can hold a gun, and draft evasion is prosecuted prison sentence. This may not be a ground for asylum? Plus i can't stay in UAE for long time, that country is not provided asylum for seekers

No need to repeat - I read through your first post in detail. Yes - this may not necessarily be grounds for asylum.

Having said that, you can certainly give it a try - that's entirely your choice. Your first step will be to obtain an approved TRV: http://www.cic.gc.ca/english/visit/index.asp

Again, if you qualify, applying to immigrate would be a much better solution. A failed refugee claim typically has significant impacts on future travel.
 
Unfortunately, Like I know :
Canada has lots of cases like this and unfortunately most of them was rejected because : "officially" no war in Ukrainian and NO Martial Law coming in force - that mean : person can temporary move to another west region of Ukraine, also if person wouldn't take gun - person can go Ukraine military office and ask for any place where the person will "fight" with out firearms (such as radio control, GPS system , office work and etc) but the person should does it with proof documents from church or pastor and go there ahead before the military office call and that information used IRB Member to make decision.

It will be very hard to to prove the opposite to IRB Member based on this story.

It is possible to prove if person for example already was in forced and fight somewhere and Ukraine and have had some injured and have proof of video and paper documents that the person most to go and fight again.

I am absolutely agree with Scylla : A failed refugee claim typically has significant impacts on future travel.
and could closed door to US and Canada forever !
 
Dhudson said:
but the person should does it with proof documents from church or pastor and go there ahead before the military office call and that information used IRB Member to make decision

What kind of documents ? And I forgot to add I got a tourist visa to Canada and now planning trip but i don't now how doing right, how to stay in the country and become legal their status? Coz version with a refugee I considered the most appropriate and realistic.
 
zender823 said:
What kind of documents ? And I forgot to add I got a tourist visa to Canada and now planning trip but i don't now how doing right, how to stay in the country and become legal their status? Coz version with a refugee I considered the most appropriate and realistic.

You need to provide hard proof that you yourself have been a target and that your specific life is at risk if you return. Just generally saying that people are being conscripted isn't proof. You need to show evidence like: hospitalization records naming you, police reports naming you, newspaper articles naming you, etc.

Based on the information you have provided, it sounds like the only real piece of evidence you may have that is directly linked to you is the destruction of your house (again, assuming you have documents to prove this). However this isn't nearly enough for a refugee claim.

Again, the better option would be to apply to immigrate. You will have to spend time reading through Canada's immigration programs to determine the criteria for each program and assess if you qualify to apply. You can find detailed information here: http://www.cic.gc.ca/english/immigrate/index.asp I would recommend that you look at the Express Entry program and the Provincial Nomination programs.

There is no guarantee you will be able to obtain PR status during your visit to Canada. It's entirely possible the process could take much longer.
 
zender823 said:
What kind of documents ? And I forgot to add I got a tourist visa to Canada and now planning trip but i don't now how doing right, how to stay in the country and become legal their status? Coz version with a refugee I considered the most appropriate and realistic.


IRB Member will use information which has Canadian Government about the conflict in Ukraine - No war, people can live safely in whole Ukraine (probably, except East Region) and like said President of Ukraine - "is anti-terrorist operation".
That means, (for IRB Member) you can move to safety area in your old country like did do lots of people and your mother too.

Unfortunately that, how it looks like for Member of Immigration and Refugee Board of Canada.
Based on previous cases refugee from Ukraine and your story this case unfortunately has high risk to be rejected.

I sorry for your situation and for whole situation in Ukraine!
May be you can prove to IRB Member that you have unusual/extreme case ,I know , positive refugee cases from Ukraine but it was lots of proof documents/video and political against and etc.

You have to understand very clear if you lose your case - you will be deported immediately and no any option after to apply to another immigration application within Canada (except H&C but it is different story).


I suggest you to attend lawyer and apply to another immigration program (may be student visa,Express Entry,Provincial Nomination programs) here you can find information:
http://www.cic.gc.ca/english/immigrate/apply.asp
http://www.cic.gc.ca/english/study/study.asp
 
Dhudson said:
IRB Member will use information which has Canadian Government about the conflict in Ukraine - No war, people can live safely in whole Ukraine (probably, except East Region) and like said President of Ukraine - "is anti-terrorist operation".
That means, (for IRB Member) you can move to safety area in your old country like did do lots of people.

+1

I completely agree and don't see any hope in this refugee case succeeding.
 
Dhudson said:
I sorry for your situation and for whole situation in Ukraine!
May be you can prove to IRB Member that you have unusual/extreme case ,I know , positive refugee cases from Ukraine but it was lots of proof documents/video and political against and etc.
You have to understand very clear if you lose your case - you will be deported immediately and no any option after to apply to another immigration application within Canada (except H&C but it is different story).
I suggest you to attend lawyer and apply to another immigration program (may be student visa,Express Entry,Provincial Nomination programs) here you can find information:
Express Entry,Provincial Nomination programs is it take long time, possible to find a quick way? Second, about proof documents/video. With the beginning of the fighting, came a law that obliges to go serve all reservists who I am. This is confirmed by a document which I own. State legislation acts are not enough? If you know any good lawyers you can recommend i be so grateful
 
zender823 said:
Express Entry,Provincial Nomination programs is it take long time, possible to find a quick way? Second, about proof documents/video. With the beginning of the fighting, came a law that obliges to go serve all reservists who I am. This is confirmed by a document which I own. State legislation acts are not enough? If you know any good lawyers you can recommend i be so grateful

Some people are getting through Express Entry in just six months. That is very fast. However you do need to have enough points to be selected. Right now only those with 450 points or more have been picked and that number probably won't drop very much more before the end of the year.

Again, your situation (conscription) is generally not accepted as groups for an asylum claim. The fact there is a state legislation doesn't change anything. A document/video that shows the fighting is completely meaningless and useless as evidence. If you make an asylum claim, you should expect that claim to fail.
 
zender823 said:
If you know any good lawyers you can recommend i be so grateful


I have not experience with good lawyer - cannot help, sorry.