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Indian Asylum/Refugee

Discussion in 'Refugees and Asylum' started by sameerzeeni, Feb 12, 2018.

  1. Hello Experts,

    Need your advice or any experienced people share their experience.

    What do you think about an Indian seeking for asylum based on inter-caste marriage? What are the chances to accept or reject?

    I came to know from some lawyers, they said for Indians is impossible in any circumstances.

    Looking forward to hear from you guyz

    Thanks in Advance
  2. India has a very low acceptance rate for refugees. So what part of having an inter caste marriage is your reason for assylum? Do you have documented evidence? Why don’t you just immigrate instead?
  3. Thanks for ur reply buletruck, its a Gujarat india, Hindu Muslim issue. A girl run away from gujarat in 2006 and they were living in middle east. In 2016 they came to canada as a visitor and bought permit @ huge amount, and all they were basically trying to be legal in the country. And they couldn't apply for asylum coz of as i said in previous post lawyers told them if rejected they gonna send u to ur home country so because of this fear they tried to remain in canada legal through other ways. But now their close work permit is gonna expire soon and again they couldn't get any work permit as LMIA is too expensive. People r asking 40k. And they already spent allot.

    So in this situation what do u guys suggest?

    Thanks again
  4. So what exactly is the reason for wanting to claim asylum, have they received death threats which are documented, have they filed police reports, attempted to relocate within India, etc etc?

    Lawyers are right, as chances to get refugee status in this case would be very slim. If refugee claim is denied they would be deported back to India, and could most likely never return to Canada again unless they qualified to apply for PR.
  5. Thanks for ur reply Rob, well the reason is they cant go back to india as they already didnt visit india since 2006 because of threat, and also again they have fear if the asylum is rejected then as u said they deported to india so its gonna be same jump in to sea, because of this reason they tried to stay in the country legally but now they dont have any options.
  6. So what exactly is the threat? Is the threat documented with proof? Was a police report filed? Any actual evidence to support the asylum claim?

    If answer is no, then refugee status would be practically assured of failing. If lawyers are even saying case if practically impossible, I would probably listen to them.

    They could also try a H&C app, as from what I know the burden of proof is not as much compared to refugee. Same situation though with small chance of success, and if refused they'll be asked to leave CAnada.
  7. If they are in Canada now, why didn’t they claim asylum sooner? IRCC will see this a refugees of convienience.
  8. They will be asked to leave canada by their own? They can go any where they want? Of course with visas Or forcefully deported to india only?
  9. Yeah they are here in Canada since about 2 years now, as i said they had fear of failing case and deported to India thats why they were looking for other options and now they dont have other options too, if they pay 40k then its gonna work. What do u think they should pay 40k for LMIA? And later on get PR? If some one is threatened from their home country and then also some one is trying to settle their own is not a good sign for government? Dont you think they should respect this? But at the end they dont have any other option thats why they are thinking to file asylum or pay 40k for LMIA
  10. #10 Buletruck, Feb 13, 2018 at 2:19 PM
    Last edited: Feb 14, 2018
    Just an opinion, but if they pay someone $40Kfor a LIMA, it's not a real LIMA. They shouldn't have to pay for anything other than the WP. The $40K sounds like a scam or is illegal (someone is asking them to pay their own salary to get a job) and could result in them facing misrepresentation.

    If they have lawyers that have told them they have little chance, then it is probably likely to fail. There is nothing stopping them from applying as refugees, but they need to realize that if the application is rejected, their only option is to leave Canada and return (never) is unlikely. Lawyer arent usually in the habit of passing up on the opportunity to make money, so I would take them at their word.
  11. Persecution will be hard to prove since T they haven't lived in India in 10+. The LMIA is definitely a scam and doesn't cost 40k. There should be just be some administrative costs. The fact that yout friends waited 2 years in Canada also counts against them unless there has been a change like a war starting in their country. Have the tried to move to other area in India. It is a large country so that will be something you would have to show you tried.
  12. India is a lot, lot larger than Gujarat. Add to this that the country is safe, stable, and democratic, their chance at asylum is going to be basically zero.

    Even if they can demonstrate persecution (which as others have mentioned is difficult) they would need to explain why Canada and not some other part of India/Nepal. (where Indians have free movement)

    They should look at other options like Permanent Residency (EE/CEC/PNP), pursuing further education (study permit), or getting another WP etc.

    It wouldn't be wise for them to claim asylum.
  13. #13 Rob_TO, Feb 13, 2018 at 9:24 PM
    Last edited: Feb 13, 2018
    To echo what others said, this sounds like a complete scam.

    Also even if one did manage to get an LMIA (which the employer should be paying for, not the applicant), it in no way guarantees the worker to be eligible for PR later on. It's simply a temporary work permit.

    I don't think you or your friend quite understand what a true refugee is. Simply getting a threat I assume from a family member from home country, in no way comes close to meeting the burden of proof required to have a refugee claim approved. As I said, they need documented evidence to prove their claim and evidence that they attempted to resolve it in their home country. Else all they have is a story which nobody will know if it's true or not.

    They do have other options, they just may not involve Canada. They can look at moving to another country, or back to India in a safer part of the country.

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