Looking for an answer. Refugee

[BergerJ]

Hello. First time user. I came across this website and thought I should ask a few questions about a close friend of mine.

My friend is from Kenya. She was raised in a religious (Christain I believe) family. In her early 20's she met someone at work and they ended up getting married and having a kid last year. About a year or two after they got married, the fellow started to be very controlling towards her. Last year he physically assaulted her and verbally too.

My friend left her husband and stayed with some family. Then to get away from her abusive husband, she applied and received a student visa into Canada. She worked and saved some money up and has now been inside Canada for the last 2 weeks with her kid.

The Police in her home country doesn't get involved in complaints made about domestic disputes. They think family matters should only be dealt with family. Also, her husband has some sort of ties to the police force over there too. I have also read that certain private organizations are trying to prevent spousal abuse, but again, those are private organizations.

My friend has applied for Refugee status and has a hearing.

- Would she be considered a Convention Refugee at this time? If so, what defines it that she is?

- Also, she is really nervous and has terrible anxiety over this hearing, can they use her demeanor against her somehow?

 

[Buletruck]

They will decide her status at the hearing, whether they are going to accept he refugee claim or not. Until they make that determination, she is an asylum claimant. If the decision is positive, she will become a protected person.
Her case will be decided on the strength of her application and whether she is a bonafide refugee, not whether she is nervous or anxiotious during the interview.

 

[BergerJ]

They will decide her status at the hearing, whether they are going to accept he refugee claim or not. Until they make that determination, she is an asylum claimant. If the decision is positive, she will become a protected person.
Her case will be decided on the strength of her application and whether she is a bonafide refugee, not whether she is nervous or anxiotious during the interview.

Thanks for the response.

Wouldn't she be considered a Convention Refugee, or is that what an Asylum Claimant is? Sorry, I only know what I read on the web. Also, what can she say that makes her a Convention Refugee? Scared for her life because of the husband? The police will not help her? I guess she needs proof of all of that too.

 

[canuck78]

The hearing that your friend received will likely be cancelled if it within 60 days of her arrival. It will likely take 1.5 years to get a hearing. Her chances of staying in Canada would have been much better had she studied and then applied for PGWP. Spousal abuse is not usually grounds for asylum. Your friend should make sure she has proof of police reports, hospitals stays, attempts to move to various cities, etc. Did the father give his authorization for the children to come to Canada? That is unusual in these spousal abuse cases. I wish her the best of luck but it will be a long process with an uncertain outcome.

 

[Buletruck]

Positive decision
Upon receiving a positive decision on their refugee claim, claimants receive protected person status with the full spectrum of federally funded settlement services becoming available to them. A positive Pre-Removal Risk Assessment decision also results in protected person status for the individual in most cases. This means that individuals can stay in Canada and apply to become a permanent resident in most cases.

https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/03/claiming_asylum_incanadawhathappens.html

Until she receives a positive decision from the IRB, she is a claimant. The emphasis will be on providing proof that she fits the UN definition of a convention refugee. This is where proof will be required, as well as her own statement and testimony to support the evidence. Lack of evidence doesn’t necessarily mean she won’t receive a positive decision, but be aware that criminal activities are not generally viewed as persecution.
Unfortunately, based on what you have described, I tend to agree with canuck78 that her claim isn’t particularly strong, but one never can tell. She should expect that her interview will be rescheduled.

 

[BergerJ]

https://www.canada.ca/en/immigration-refugees-citizenship/news/2017/03/claiming_asylum_incanadawhathappens.html

Until she receives a positive decision from the IRB, she is a claimant. The emphasis will be on providing proof that she fits the UN definition of a convention refugee. This is where proof will be required, as well as her own statement an testimony to coberate the evidence. Lack of evidence doesn’t necessarily mean she won’t receive a positive decision, but be aware that criminal activities are not generally viewed as persecution.
Unfortunately, based on what you have described, I tend to agree with canuck78 that her claim isn’t particularly strong, but one never can tell. She should expect that her interview will be rescheduled.

Thank you for the information. I do understand that she is just a claimant right now. Where can I find information about what defines a Convention Refugee and see if she falls under what Canada defines it as? I thought fear for her life is one of the reasons, but I guess a lot goes behind that. Such as proof. Also, what if her Country does not help her? Does she have to try that first?

 

[scylla]

Thank you for the information. I do understand that she is just a claimant right now. Where can I find information about what defines a Convention Refugee and see if she falls under what Canada defines it as? I thought fear for her life is one of the reasons, but I guess a lot goes behind that. Such as proof. Also, what if her Country does not help her? Does she have to try that first?

Yes - she would need to provide proof. Yes - she should demonstrate that she has attempted to get help in her own country and hasn't been able to. More information on the IRCC site:

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/help-outside-canada.html#conventionrefugee

 

[Buletruck]

Persecution
In assessing a refugee application, the officer should use the definition of grounds for refugee status in the 1951 Convention: persecution is a threat to life or freedom because of race, religion, nationality, political opinion or membership in a particular social group. Other serious violations of human rights on the same grounds also constitute persecution

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/resettlement/eligibility/guidance-on-interpreting-definition-convention-refugee.html


http://www.unhcr.org/3b66c2aa10.pdf#zoom=95

 

[vensak]

Here is the problem she has:
1. They will check the law of her country. Specially the parts regarding how they deal with such cases and what is police supposed to do there.
Unfortunately in most countries there is a law where police is suppose to assist and protect the victim. Also there are procedures how to go for separation or divorce or other protection.
2. Just her belief that they will not help is way not enough. What other evidence, other than the "the good neighbour tale" does she have that the police or other assigned institution would not help?
3. Father of the child can actually accuse her from a child kidnapping and things can go rather nasty for her. (the later you put your claim for a spousal abuse under your jurisdiction, the more difficult is it to win the case).

And most important:

Canada, USA or Germany or other country is not there to solve her local family law disputes. Not if she did not even try her home country law before coming to Canada.
Her case is very weak with low chance to succeed.