New Refugee laws and process after Dec.15 @ boarder location

[bmikhail]

Hello All
I am a Canadian citizen as well as my wife, my kids and my parents.
I have only my sister (single, 42 years) who still left back in Egypt. She lives by herself as my parents are permanent residents of Canada as well.
She had a skilled worker immigration application applied since 2007 and it was finally terminated early this month as a part of the pre-2008 backlog immigration reform law.

I also have to mention that she applied to come and visit me and see the family and the kids last year (after several previous visits and returns with no issues). This last time early 2012, she was denied by the embassy due to the Egyptian revolution as well as the known discussion and expectation to blow her immigration application - therefore they rejected her application to visit me on 2012. In the same time she applied to come and visit her friends in the USA and she was approved for 5 years VISA

She was putting a lot of hope to come to Canada and had her 2007 application approved due to the amount of terror and life threatening going on in Egypt under the ruling of Muslim brotherhood in Egypt.

I was wondering what is her chances to apply for Refugee status through Canadian boarder from the USA - Detroit? does anyone know how the process is driven nowadays when Refugees comes through the boarders after Dec.15, 2012.

Would the officer in the boarder has the power to send her back and not admit her in to Canada?

Is the following true


Canada has signed an agreement with the United States designating the U.S. as a "safe third country". Claimants coming from, or even just passing through the U.S., are ineligible to make refugee claims at a Canadian border crossing by land. They will be turned back to the U.S."

 

[scylla]

Re: New Refugee laws and process after Dec.15 @ boarder location

Is the following true

Canada has signed an agreement with the United States designating the U.S. as a "safe third country". Claimants coming from, or even just passing through the U.S., are ineligible to make refugee claims at a Canadian border crossing by land. They will be turned back to the U.S."

Yes - Canada signed the safe third country agreement with the US quite some time ago. This information is posted on the CIC site as well:

http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

Based on the information you've provided to date, your sister wouldn't qualify for refugee status. To be accepted, she would have to show proof that she herself has specifically been threatened or harmed (e.g. hospitalization records, newspaper articles mentioning the incident and her name, police records of things that have happened to her, etc.). If she doesn't have proof that she specifically has been targeted, then there's an extremely low chance her refugee application will succeed.

 

[bmikhail]

Re: New Refugee laws and process after Dec.15 @ boarder location

Thanks for your reply
She has a strong case with proofs of the prosecution however, what are the changes that was made to the law as far as the process, at the boarder and inside Canada.

 

[scylla]

Re: New Refugee laws and process after Dec.15 @ boarder location

As far as I know, the safe third country agreement was signed between the US and Canada back in December 2002. I'm not aware of any recent changes - but maybe there have been.

If your sister is considering going to refugee route, I would consult a good immigration lawyer first.

 

[Leon]

Re: New Refugee laws and process after Dec.15 @ boarder location

It is possible that she would be seen as an exception to the safe 3rd country agreement, see http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp because she has family in Canada. However, the future of using a refugee plea as an immigration option is not very bright. If immigration finds that she is not really a refugee, they will send her packing.

Do you live in Manitoba or Saskatchewan? If you do and you have lived there for 1 year, you may be able to sponsor her. If you don't, it is possible that your province allows people to immigrate through the Provincial nominee program with a job offer so you would have to see if you can get her one.

 

[bmikhail]

Re: New Refugee laws and process after Dec.15 @ boarder location

Thanks Leon for your response
Are you aware of any changes to the way refugee application are being handled and processed through the boarder? what are the major changes that are different at this time?
Thanks for your advise again

 

[Leon]

Re: New Refugee laws and process after Dec.15 @ boarder location

I am not aware of any changes.

 

[PMM]

Re: New Refugee laws and process after Dec.15 @ boarder location

Hi

Thanks Leon for your response
Are you aware of any changes to the way refugee application are being handled and processed through the boarder? what are the major changes that are different at this time?
Thanks for your advise again

1. No longer a PRRA if you are refused refugee status if the refusal is less than a year old. You go straight to Removal status.
2. As of December 15, 2012,

The Basis of Claim (BOC) form replaces the Personal Information Form (PIF). People who make a refugee claim at an office in Canada must submit their completed BOC during their eligibility interview. Those who make a refugee claim at a port of entry must submit their BOC to the IRB no later than 15 days after referral of their claim to the IRB.
Hearings at the independent Immigration and Refugee Board of Canada (IRB) will be conducted by public servant decision-makers rather than people appointed by the Governor in Council (GIC)
Hearings for most claimants will be held no later than 60 days after the refugee claim is referred to the IRB.
For claimants from designated countries of origin, hearings will be held no later than 45 days after referral to the IRB for those who make a refugee claim at a port of entry, and no later than 30 days after referral for those who make a claim at an inland CIC or Canada Border Services Agency (CBSA) office.

 

[bmikhail]

Re: New Refugee laws and process after Dec.15 @ boarder location

Hello PMM
Do you know anything about changes to the procedures on the boarder office?