Alama said:
I was denied Asylum in USA and was in detention for 1 yrs and 6 month and all effort for the immigration to obtain my traveling document failed, I was released under supervision and i still fear been return to my country for the fear of persecution and torture? pls my question is Can i seek asylum in Canada?
2...I have ties in Canada (my Spouse) on the point of entry can I be release for my Ties? or will I fight my asylum from Inside the detention as Idid in USA?
Pls Honest Answers will be appreciated
generally you can apply for asylum at the port of entry in canada as you have your spouse living in canada. anyone who has a relative ( spouse, child, brother, sister, parents, uncle or aunt) can claim refugee protection at the boarder and the case is then decided by IRB within 30-60 days.
i know a guy who had recently (2 weeks ago) applied for refugee protection at canadian border after his asylum case in usa got refused.
At the border they dont ask or question about reasons for your claim rather they just see your eligibility to claim a refugee protection in canada.
if you have 2 picture identities to prove your identity (passport, driver licence, national id card etc) and your birth certificate you should not face any problems at the Canadian border and your wife can also come to the border to receive you. your wife and children (if you have kids) coming to border to receive you will help you a lot as it can also prove your identity and will make the process easier.
generally detention is usually in case in which it is difficult to prove/determine the identity of a person or the person is a serious danger to canadian safety/security.
the best solution is to contact cbsa on phone (e.g fort erie peace bridge RPU unit if you living near to buffalo, usa). the RPU (refugee processing unit) will be happy to answer your questions and they are very helpful. tell them about your wife and the identity documents you currently have with you..if the documents are good enoff they will give you an appointment to come to the border to claim your refugee protection other wise they will suggest you to arrange the documents from your home country before coming to the border. ( it is recommended to get an appointment from cbsa before going to the border to make a claim)
i personally claimed my refugee protection by calling them and they gave me an appointment after conforming that i have all the documents in hand which will be required by them.
Detentions are usually made in case:-
1) if CBSA has reasonable grounds to believe that the person:
is unlikely to appear for an examination, hearing or removal
and is a danger to the public or
2) If it has reasonable grounds to suspect that the person:
is inadmissible - that is, not allowed to enter or remain in Canada - for security reasons, or for violating human or international rights, serious criminality, criminality or organised criminality
3) The officer is not satisfied that the person:
has established his/her identity
Conclusion:
if you are not involved in any serious crime and you can prove your identity you will be allowed to enter into canada and appear in IRB hearing to prove your case.
hope it helps
if you have any other question please feel free to ask and i will try to answer as per my personal experience.
