Can a military officer request asylum when arriving as a tourist in Canada?

[Sangmyung]

Hello,

Can a senior military officer request asylum when arriving as a tourist in Canada?
i would like to know the chances of a military officer to win an asylum case on ground of political opinion.in that case how can he prove the persecution as its mostly high secret and the escape is also secret hence to obtain these evidence(like the opinion you are persecuted for) is very difficult.

Can Canada opt to deport such asylum seeker?
can holding a high military status helps the case to be treated with secrecy and delicacy it needs?
can being on such level helps you winning the case or its a disadvantage.

Another issue is how the IRB check criminality and background?do they ask the government you are flying from? or they have special Technics without asking the government and its institution?

Any answer from you is highly appreciated.

 

[Rob_TO]

Seeing as you could just choose to resign from your military job, I highly doubt an asylum claim would be successful. "Political opinion" is not enough, you need to show specific acts of violence or unlawful persecution against you with documented evidence of it.

If you arrive with no actual evidence of anything, there is practically zero chance for success. Chances are even worse if you are coming from a country already deemed "safe".

 

[Buletruck]

There would also be the political repercussions that they would likely consider before accepting. Background and criminality checks would likely be lengthy and unlikely to involve much secrecy, other than what is normal. It’s not like they post these findings in the paper or internet.

 

[gavendano]

Can a senior military officer request asylum when arriving as a tourist in Canada?

Yes you can, either by claiming refugee directly at the Port of Entry or at an inland office after you entered Canada.

How can he prove the persecution as its mostly high secret and the escape is also secret hence to obtain these evidence

Evidence, evidence and evidence. Without any evidence the IRB will have a tough time proving what you are saying.

Can Canada opt to deport such asylum seeker?

Once you make a refugee claim you will be issued a non enforceable removal order, if you win your refugee claim the removal order will be canceled, if you loose then you will be ordered to exit Canada.

Can holding a high military status helps the case to be treated with secrecy and delicacy it needs?

From the IRB webpage: Hearings are usually a half day long and take place in private in order to protect you and your family, unless an application is made to have the hearing open to the public. If an application is made, you will have the opportunity to raise your concerns and the RPD may take whatever measures are necessary to ensure the confidentiality of the hearing.

can being on such level helps you winning the case or its a disadvantage.

It depends if your country´s army has history of human rights violations or if you were involved in active combat.

You will have to prove that during your military service you were never involved in any human rights violations. The fact that you are a high ranking officer the IRB will put you under a lot of scrutiny, probably more than the average refugee claimant.

For example, you will have to list all the ranks, unit locations, unit commanders, name of your units, active combats with dates and places.

You will definitely need a good immigration lawyer that can help you put your case together, specially one with some human rights experience.

Another issue is how the IRB check criminality and background?

From the IRB webpage: Security screening is conducted by the Canada Border Services Agency (CBSA) in partnership with the Canadian Security Intelligence Service (CSIS). The CBSA is responsible for informing the IRB that security screening has been completed. The IRB never receives the actual security screening report, only a confirmation that it has been completed.

I believe this includes exchanging information with foreign intelligence services like the USA and Interpol.

 

[canuck78]

I assume you are coming from Turkey. Yes it is possible to get asylum. The imprisonment of army personnel is well documented but it would help if you have proof that you have been persecuted yourself. I would expect the security screening process to be lengthy and what i really important is to show what you have been doing in the military. It is very important that you have to have proof of what you have been involved with during your time in the military. Any questionable actions that may involve human rights abuses would make you ineligible.