Minister’s Intervention

[Refuge]

Dear seniors,

Please Help

I applied refugee claim with my family, our hearing date was postponed twice and third time we got the date and unfortunately before 12 days of hearing I received a letter which IRB sent to CBSA to ask them if they wanna intervene, my lawyer responded to that letter and request not to cancel hearing as it was already cancelled twice.

It was accepted and we had our date unchanged but at the hearing day minister’s council came and ask the member for postponement and it was considered and hearing postponed.

They were given 4 weeks time to complete investigation. If anyone can please guide me what could be the outcome in this kind of situations?

The allegation raised is only on one claimant not on all and I have solid evidence from National documentation package which does not support this allegation.

Can I do something during the investigation to explain them or send them NDP reference so it clarifies immediately to avoid delays and negative outcome?

And

If incase they don’t satisfy so what will be the results?

TIA

 

[21Goose]

What did your lawyer tell you? This is not a simple case at all. I don't think you can do anything during the investigations - CBSA will investigate and present their findings to the IRB - your lawyer will also be given the information in advance so that he can prepare. You will have the opportunity to explain/rebut the findings at your hearing.

The worst case is that all claimants will be denied.

 

[canuck78]

The 1st hearing date was never going to happen. Everyone one was given a date and almost all of them were cancelled. You arrived exactly when there was a huge influx of asylum seekers walking across the border. Your hearing times is long but not unusual. We’ve seen many people who arrived around that time who are still waiting. Very hard for anyone to comment. Clearly Canada has a concern and you feel you have proof proving otherwise. It will come down to the hearing.

 

[Refuge]

Thanks “21Goose” and “canuck78”

My lawyer is very good and kind but as far as this matter is concerned i did not get proper answer.

Can you please explain little more how long will they take to investigate?

Will they give me chance to explain before any decision on exclusion?

After investigation What happen
If cbsa satisfied?
And if not satisfied?

Who will take decision on allegation cbsa or irb? How this process work please guide me I am very tensed.

Sorry for so many questions...

 

[21Goose]

Thanks “21Goose” and “canuck78”

My lawyer is very good and kind but as far as this matter is concerned i did not get proper answer.

Can you please explain little more how long will they take to investigate?

Will they give me chance to explain before any decision on exclusion?

After investigation What happen
If cbsa satisfied?
And if not satisfied?

Who will take decision on allegation cbsa or irb? How this process work please guide me I am very tensed.

Sorry for so many questions...

CBSA makes a recommendation, IRB will decide based on what CBSA says, and what your lawyer says in response. You will have an opportunity to present your case (through your lawyer). IRB will make the final decision after hearing both parties.

Best case - CBSA investigates and finds nothing wrong at all. Then your hearing will go smoothly - IRB will decide on the merits of your case, but at least they will know that there is no adverse finding from CBSA's investigation.

Worst case - CBSA investigates and recommends that all claimants be denied and found inadmissible. Your lawyer is unable to rebut this, and IRB rejects your claim. Your conditional removal order comes into effect and you have 30 days to leave the country - or you may be immediately deported.

Your lawyer is the best person to give you more information on the process. I am not a Canadian immigration/refugee lawyer and I'm sure I'm missing many important steps.

 

[9990]

Thanks “21Goose” and “canuck78”

My lawyer is very good and kind but as far as this matter is concerned i did not get proper answer.

Can you please explain little more how long will they take to investigate?

Will they give me chance to explain before any decision on exclusion?

After investigation What happen
If cbsa satisfied?
And if not satisfied?

Who will take decision on allegation cbsa or irb? How this process work please guide me I am very tensed.

Sorry for so many questions...

I guess it's too early for your lawyer to say anything because maybe he don't know which part of your story raised intervention of minister.

Give it sometime at least until you know that where they are raising issues on your story.

My lawyer told me that minister only intervene if there is any criminality background or ID concerns.

Don't worry you'll given chance to explain yourself everything will goes well.

I know one story, minister does intervene in that case and claimant had positive decision at the hearing because she present very good explanation and argument to minister's counsel.

Good Luck.

 

[Bornlucky]

CBSA makes a recommendation, IRB will decide based on what CBSA says, and what your lawyer says in response. You will have an opportunity to present your case (through your lawyer). IRB will make the final decision after hearing both parties.

Best case - CBSA investigates and finds nothing wrong at all. Then your hearing will go smoothly - IRB will decide on the merits of your case, but at least they will know that there is no adverse finding from CBSA's investigation.

Worst case - CBSA investigates and recommends that all claimants be denied and found inadmissible. Your lawyer is unable to rebut this, and IRB rejects your claim. Your conditional removal order comes into effect and you have 30 days to leave the country - or you may be immediately deported.

Your lawyer is the best person to give you more information on the process. I am not a Canadian immigration/refugee lawyer and I'm sure I'm missing many important steps.

A pretty good summary but there won't be any determination regarding admissibility as it will boil down to the Convention refugee decision alone. An intervention changes the hearing into an adversarial event and it seems that the CBSA has something to investigate specific to your claim to be a Convention refugee.

There are appeal mechanisms if your claim fails, and that's why you pay a lawyer so ask him about all of that and when the removal order may come into force, what Stays of removal come with what legal route that you can consider. It's an uphill struggle if your initial claim is determined to be unfounded and especially if you fabricated anything that was material to the claim and intended to deceive.

You seem to understand what the CBSA concern is so you have the best idea as to your chances of refuting their evidence (the product of their investigation). If you're the principle applicant and this issue is central to the claim then that's a negative for everyone claiming to be Convention refugees within this case.

 

[Refuge]

I hope will get positive response by CBSA & IRB as i trust that in Canada everyone is performing their responsibilities honestly and professionally and its just a misunderstanding which can easily be cleared through National documentation package and other resources.

Thanks “21Goose”,“canuck78”,”9990” and “bornlucky” for your response.

 

[Refuge]

Can anyone share some useful link to understand the cbsa investigation process, timelines etc

 

[canuck78]

Can anyone share some useful link to understand the cbsa investigation process, timelines etc

These are issues that you’ll have to ask your lawyer. We have no idea how serious this “misunderstanding” is.

 

[Refuge]

These are issues that you’ll have to ask your lawyer. We have no idea how serious this “misunderstanding” is.

You are right canuck78

I tried to share supporting documents and information to my lawyer but he said we can’t do anything on this stage. Thats why i want to understand the process and timeline to avoid any negativity.

Also cbsa still did not give any decision either they intervene or not.

 

[Buletruck]

CBSA won’t make the methods or timelines of investigations public, other than possibly a generic overview.

 

[21Goose]

You are right canuck78

I tried to share supporting documents and information to my lawyer but he said we can’t do anything on this stage. Thats why i want to understand the process and timeline to avoid any negativity.

Also cbsa still did not give any decision either they intervene or not.

Well, your lawyer is right. You cannot do anything now. You have to reserve your defence for your hearing, you can't influence the CBSA investigation. Nothing you can do but wait.

 

[Pigeon123]

Any news on this? I am also a refugee claimant.

I received a letter "Minister Intervention". I was charged for Assault about 5 years ago (the police charged me, not the person), it was all a silly misunderstanding, and I received a peace bond for it (no criminal record) because the other person knew I did not "assault" them, so they didn't want to press charges. How much does this influence my application?

 

[Ulkar025]

Any news on this? I am also a refugee claimant.

I received a letter "Minister Intervention". I was charged for Assault about 5 years ago (the police charged me, not the person), it was all a silly misunderstanding, and I received a peace bond for it (no criminal record) because the other person knew I did not "assault" them, so they didn't want to press charges. How much does this influence my application?

I got minister intervention recently. Can i get positive in hearing? Hearing date TBD