Claiming protection

[Marywaji]

I need assistance please. My husband fled our home country because of persecution and threats to his life because of his political affiliation. He joined me in the UK. I have permanent residence but he has not.
We left the UK and claimed asylum in canada because he was threaten in UK as well and we feared for our lives. When we left UK I was pregnant, so we now have a child born in canada. Our case is coming up soon. Our lawyer received a communique from immigration saying we might not be eligible to claim as we have permanent residence in UK..
1) my husband the main applicant has not
2) we did report the threats to UK police but nothing was done, we even moved addresses a couple of times.

What are our chances, what advice can anyone give us? Thank you

 

[scylla]

I need assistance please. My husband fled our home country because of persecution and threats to his life because of his political affiliation. He joined me in the UK. I have permanent residence but he has not.
We left the UK and claimed asylum in canada because he was threaten in UK as well and we feared for our lives. When we left UK I was pregnant, so we now have a child born in canada. Our case is coming up soon. Our lawyer received a communique from immigration saying we might not be eligible to claim as we have permanent residence in UK..
1) my husband the main applicant has not
2) we did report the threats to UK police but nothing was done, we even moved addresses a couple of times.

What are our chances, what advice can anyone give us? Thank you

Your chances are low. IRCC has already flagged that you may not qualify for asylum since you are a permanent resident of the UK and can easily sponsor your husband for the same.

The best advice is to continue working with a very good lawyer. Also, start making plans for what you will do if you are denied and forced to return to the UK.

 

[Marywaji]

Thank you for your response. We have evidence that UK was not safe for us. We tried to hide in the UK, we reported to the police but nothing came of it.

What else can we demonstrate? Is it always an automatic denial if you come from UK?

 

[scylla]

Thank you for your response. We have evidence that UK was not safe for us. We tried to hide in the UK, we reported to the police but nothing came of it.

What else can we demonstrate? Is it always an automatic denial if you come from UK?

Yes - it's pretty much an automatic denial if you come from the UK.

 

[Buletruck]

The stats are pretty bleak for an asylum claim from the UK.

2019: 3 pending
2018: 3 claims, 2 rejected, 1 pending
2017: 2 claim, 2 rejected, 0 pending

As stated, chances are slim you’ll get accepted.

 

[Marywaji]

Thank you for responding. So no case has ever been accepted? We have come so far, we hope to use a lawyer.

The letter sent us was sent to the minister to see if they want to intervene. What happens if the minister intervene or not?

Thank you

 

[zardoz]

Thank you for responding. So no case has ever been accepted? We have come so far, we hope to use a lawyer.

The letter sent us was sent to the minister to see if they want to intervene. What happens if the minister intervene or not?

Thank you

It won't happen. The minister will not get involved in the case unless there is a very significant public interest.
There are established application and appeal procedures already in place.

 

[Marywaji]

Ok so it was just a formality to send it to the minister?

 

[Bornlucky]

Thank you for responding. So no case has ever been accepted? We have come so far, we hope to use a lawyer.

The letter sent us was sent to the minister to see if they want to intervene. What happens if the minister intervene or not?

Thank you

Ministerial intervention means that there is a departmental interest to challenge the claim to Convention refugee status - the Minister won't have direct knowledge as this happens routinely where the veracity of a claim is in question.

A claim to Convention refugee status with the claimant able to reside in the UK? In my opinion there is a zero probability for success.

 

[canuck78]

Given that you knew the UK was considered a safe country and a desired location for many asylum seekers I’m not sure why you didn’t contact a Canadian immigration lawyer first or look at these statistics online before coming to Canada. Did your husband not seek asylum in the UK first? Find it very surprising that he got a visa to visit Canada. Or maybe he entered via the US. Also confused as to what protection the UK can provide versus Canada. They provide similar level or protection and assume if someone is trying to find you in the UK they can do the same thing in Canada.

 

[Marywaji]

Hi all, I need advice.

My husband and I filed for refugee protection. His claim was granted but mine denied. We were from a DCO. What are my options. We have a baby born in Canada.

Thank you