Mother in laws case for PR

[Catou]

You are obviously being misled by this consultant. Enough people have already told you he is an idiot so I'm surprised that you have persisted with using him and have not gone to a real lawyer. With a removal order in play you have no other option- get a reputable lawyer to advise you and be prepared that your mother in law will have to leave Canada very soon. If she is deported things will get a whole lot more complicated for you.

You should ditch the consultant, get a legal opinion from someone qualified and reputable, and make arrangements for your mother in law to voluntarily leave Canada. And do this very quickly.

 

[scylla]

Honestly - I think your next course of action should be to start planning how your mother in law can re-establish her life in her home country and how you can make this transition as smooth for her as possible. Sooner or later she is going home - and you should expect that she will be there for quite a long time.

The longer you wait, the greater the chance your mother in law will end up with a deportation order and will be forcibly removed from Canada (an invalid passport isn't going to stop this from happening). Being forcibly removed is not a pleasant experience. Better than your mother in law leaves sooner of her own free will.

 

[ryan007]

Thanks Catou, Scylla for your replies...

On medical grounds (since both her daughters are here and she needs to be with somebody and not alone, since she is a widow) can she be granted a stay by the Judge in-case they set a date by when she has to leave Canada after the Interview, till such time the decision on the 3rd application which has been made under H&C ground with sponsorship is made?
We are hoping this works out as our family physician has willingly agreed to issue a letter since she knows her history from the time she has been with us from 2008.
Besides, my mother in law has been active in volunteering in the local Catholic Parish activities and programes like Out-of-the-cold and other socio impacting programes.

 

[petersiddle28]

You basically need a good lawyer to interpret that to the Judge, where they both know how the law works and humanitarian aspect. It will be helpful if you can buy private insurance and prove that it will taken care of privately.

 

[scylla]

On medical grounds (since both her daughters are here and she needs to be with somebody and not alone, since she is a widow) can she be granted a stay by the Judge in-case they set a date by when she has to leave Canada after the Interview, till such time the decision on the 3rd application which has been made under H&C ground with sponsorship is made?

Forget what the consultant has told you. Read the real CIC rules regarding refugee application and H&C so that you understand what you are up against:

http://www.cic.gc.ca/english/refugees/reform-ppra.asp

Specifically this bit:
- An H&C application cannot be submitted while a refugee claim is pending. Claimants have the option of withdrawing their refugee claim in order to apply for H&C, but this must be done prior to substantive evidence being heard at the hearing before the IRB.
- Failed refugee claimants are barred from requesting H&C for one year following a final IRB decision. Final decisions include claims in which the IRB determines that a refugee claim has been abandoned or withdrawn. Exceptions to the bar will be made in cases where removal would subject an applicant to a risk to life caused by the inability of their country of nationality to provide adequate health or medical care, or where removal would have an adverse effect on the best interests of a child directly affected.

Basically this means that you must prove that your mother in law's life is in danger if she returns home because her country has no medical system. The "best interest interests of a child" clause does not apply to her because you are all adults - not minors.

 

[ryan007]

Thanks Scylla and Petersiddle for your responses.

By medical system do you mean the type that is in Canada, or generic i.e. Hospitals,doctors,etc.....? What if the doctor certifies her medically unfit to travel besides at a risk to live alone needing constant care and medical supervision (even if there exists a decent medical system back home).We have been providing her with the care and medical supervision since her heart surgeries including the cost of medicines and medical consultancy fees which the medical insurance we had taken just before the surgeries did not reimburse since she had a history of heart problems prior to taking the medical insurance which subsequently we have not renewed as it proved to be only an additional cost.

Will go with Petersiddles suggestion and convince her to take a second opinion on the case from a reputed lawyer. She is of the opinion that once we have gone to one consultant we cannot change interim since he has put up a case ( as he claims, which now I really doubt after reading Scylla's response) which is under review.
This Saturday I would be visiting the consultant who has promised to hand over to me all the documentation related to her case.

 

[scylla]

This is what the rules say: "inability of their country of nationality to provide adequate health or medical care". They aren't referring to a system like Canada's or the ability to pay. They are making a much more generic statement about the availability of medical care and whether half decent health care exists in her home country. Based on your past posts, your mother in law has been extensively treated in her home country for past medical problems. So this would indicate that this country has quite an established health care system.

I can't answer your other questions.

 

[scylla]

And I know you don't want to hear this but I'll say it again. You really (really) need to start planning how you will re-establish your mother in law in her home country. You need to have a plan in place in case this happens soon. And it could very well happen forcibly which would give you no time to prepare. You have time to prepare now - make good use of it. I think it's very dangerous to assume there is a solution to this situation that keeps your mother in law in Canada.

 

[truesmile]

Just so you hear it from another voice. scylla's point cannot be OVER-EMPHASIZED enough, start making those plans now.

 

[ryan007]

This is what the rules say: "inability of their country of nationality to provide adequate health or medical care". Based on your past posts, your mother in law has been extensively treated in her home country for past medical problems. So this would indicate that this country has quite an established health care system.

Scylla, all treatment was provided to my mother in law here in Canada and not her home country. It has been a big drain on our savings, besides the continuing costs of regular check ups and medicines which we continue to bear here in Canada.

Anyways will be meeting a reputed lawyer next week to have his views and advice on the case.

Thanks all for your thoughts, advice. Really appreciated.

 

[petersiddle28]

What country are you from? as I understand lot of countries don't have the "home" concept?

 

[ryan007]

India, Petersiddle....

 

[ryan007]

Hi Everyone,

Just to give an update.

We had the removal order extended by a month as a panel were reviewing our family Doctors letter/note stating that my mother in law cannot travel long distance besides a list of other medical reasons which needs her to be constantly supervised.

Last week, the CBSA called back stating they had a good and a bad news to give her, which was that the good news is that she would be having a medical companion accompanying her back to India and the bad news was obvious that she no longer can stay in Canada.They were non-committal on the time frame though saying they haven't yet looked into her case post the panel decision.

We are now seeking recourse to meeting our local MP and putting this case through his office for reconsideration another option we have considered is to approach higher courts with an undertaking that she would not be a liability to the Govt and that all her medical and other related expenses would be taken care of by us her children.

Any thoughts / advice any one has to share......are most welcome.

 

[zardoz]

As I understand it, an MP cannot request that a decision is overturned. All they they can do is make "enquiries" on behalf of an applicant. This outcome was anticipated, and I hope that you took heed of all the sage advice that you were offered, to prepare for the transition back to her home country.

 

[keesio]

ryan007 - The only advice I can give is that your only hope is to hire a reputable lawyer. Your case is too complex and needs good legal representation if you are to have any hope at all. Even with a good lawyer, the chances are slim... but without one, it is probably not possible at all.