Refugee claim for mild autistic adult

[Aibrahim.2020]

Update news

I finally received the Brown paper and the Open work permit at the address that I'm currently living, and then I issued online the SIN (maybe I'll be receiving within 10 business days)
I'm glad that the immigration office had done everything so fast.

Now that you all mentioned, what is missing is to declare my history on the court in order to get the PR, I know it may take some time but the good thing is that open to work legally.

Hi there I read all about your post and journey of your refugee claim i am a father of A three years old child diagnosed for autism I just got my second baby which is 4 months old we are all here on visit visa my new born was born here in Canada
I was working back in Dubai for the past 10 years and I couldn’t get the proper assistance for my autistic child there as its so expensive and it’s about business in term of treatment
I left ny job there and i am trying to dig a way to settle here and get help for my son
In my home country the economy is going down and I can’t go back as I won’t get the proper support for my son
I want to apply for a refugee and I don’t know if they will accept my application
And also I don’t know if I took a lawyer how much this will cost
I would appreciate if you could guide me on that

 

[canuck78]

Hi there I read all about your post and journey of your refugee claim i am a father of A three years old child diagnosed for autism I just got my second baby which is 4 months old we are all here on visit visa my new born was born here in Canada
I was working back in Dubai for the past 10 years and I couldn’t get the proper assistance for my autistic child there as its so expensive and it’s about business in term of treatment
I left ny job there and i am trying to dig a way to settle here and get help for my son
In my home country the economy is going down and I can’t go back as I won’t get the proper support for my son
I want to apply for a refugee and I don’t know if they will accept my application
And also I don’t know if I took a lawyer how much this will cost
I would appreciate if you could guide me on that

Economic reasons are not a reason for seeking asylum. You can get therapy for autism in the UAE. Most autism therapy is a business in Canada as well and there are extremely long wait times for public services and evaluations (years) & most families end up paying out of pocket for a large portion of therapy. Many can only afford a portion of what is recommended because they only have a certain amount of savings because therapy is likely even more expensive than in the UAE. How were you able to afford to pay to all fly to Canada, pay for healthcare in Canada including a delivery and pay to visiir Canada for around 6 months yet not have the funds to pay for therapy for your child in the UAE? Claiming asylum has significant negative repercussions if denied and even if approved because even if approved family members will likely struggle to get permits/visas to come to Canada out of fear that they will also claim asylum and you will not be able to visit your home country until you are a Canadian citizens which could be up to 10+ years from now. The fact that your family got visas to enter Canada means that you likely didn’t come from a country where there are high rates of asylum claims approved like Syria or Afghanistan. Have you spoken to a Canadian immigration lawyer about whether you have a case for asylum? There is no mention of your statement about your life being at risk or persecution in your home country. If you have been living in the UAE for an extended amount of time it becomes much harder to prove that your life is at risk in your home country. If your baby is 6 months old then you are either close to a 6 month stay or over 6 month stay. If you are close to a 6 month stay and are trying to find any way to remain applying for asylum just because you are trying to remain in Canada is not a good option. Were you expecting to be able to find a job and get a WP easily? What was your plan when you came to Canada in the first place? You likely had to have return tickets to be able to fly to Canada. Had you indicated when applying for you visa that you wanted to have your baby in Canada? Having a baby in Canada does not guarantee that a family can remain in Canada.

OP has not had their case assessed yet. There are very few people who are denied the ability to get a hearing to see if they have proof that their life is in danger and need protection. OP still has a huge fight on their hands to be able to secure protected person status in Canada and be able to remain in Canada.

 

[canuck78]

That's right. I met on a church a couple who came from Venezuela almost two years ago, and they are still waiting for the open work permit, although the man is working with cash (can be mistaken but most Latin people might get jobs easily with cash payment, even it's not that permited)
In my case I'm doing some home office job and finally got opened a national bank account so the financial aid funds would be transferred to it. Anyway some days I am bit afraid that I can run out of money.
The good thing is that the officers and social aid secretary always encourage me to keep going despite of my autistic behaviors. I don't feel that let down compared in my homeland.

Canada doesn’t have a large Hispanic population so contrary to the US many other ethnicities will find it much easier to find jobs in the underground economy than those of Hispanic origin. If you don’t have a work permit and job you are doing is still illegal and any income must be reported when you apply for welfare and when you get a WP Andy cash income must be declared on your taxes

 

[canuck78]

There are 5 factors Members consider while reviewing BOC and Submissions, Medical condition is not one of them. Unless if there are proof that medical condition can lead to those 5 factors, then it will be evaluated. Good Example, In certain part of the World; they kill people with Albinism, and State dont provide enough protection to them. .Unless otherwise, medical condition can be evaluated during H&C provided it is within threshold and there's no cure in Applicant Country of Origin.

In your application, provide proof of a well-founded fear of being persecuted/tortured or killed for reasons of race, religion, nationality, membership of a particular social group or political opinion and that you are unwilling to return.

5 keys;
Race
Religion
Nationality
Membership of a particular social group
political opinion

Sadly in some parts of the world people with Albinism have a long well documented history of being persecuted, mutilated, etc. in some countries and it has little to do with the health issues associated with Albinism and more about their appearance. The fact that Canadian doesn’t provide any subsidized therapy or programs for adults with autism above 21 would make it hard to justify the need to stay to access healthcare. In cases of severe Autism (eg nonverbal) families may have a better argument about the discrimination against those with severe disabilities and lack of understanding of the significantly disabled in some countries but that isn’t a guaranteed argument. Would assume in that case the family would need to prove that they have the resources to cover the care for the young adult with severe autism for life because most services stop at age 21 and it falls on the family to do all the caregiving. The fact that OP was employed in their home country and were able to do some cash office job on arrival in Canada proves that they are high functioning and not in need of healthcare in order to lead a normal life. Would be hard to argue that they needed to stay in Canada based on medical need because they could not access the care they are receiving in Canada in their home country. There is no public care provided and there it doesn’t seem medically necessary given their history. This is a highly unusual case and not typically what is considered as an asylum claim so will be interesting to see the outcome.

 

[nagio87]

UPDATE NEWS:
It's been a while since I've posted on this topic. However, there are certain aspects that I need to clarify whether they are truth or myth.
Since 2 months ago I started working as a pick and packer position (job declared) and every income with its pay slips are notified at the welfare.

Is it true that, at the hearing, the member who will be interrogating me after several years of waiting will consider some aspects such as good behavior, income reporting, having been affiliated with a benevolent, learn French (in case I am in Quebec), working continuously for at least 2 years?
Could these issues be a strong plus for me or is it only based on my BOC?

 

[canuck78]

UPDATE NEWS:
It's been a while since I've posted on this topic. However, there are certain aspects that I need to clarify whether they are truth or myth.
Since 2 months ago I started working as a pick and packer position (job declared) and every income with its pay slips are notified at the welfare.

Is it true that, at the hearing, the member who will be interrogating me after several years of waiting will consider some aspects such as good behavior, income reporting, having been affiliated with a benevolent, learn French (in case I am in Quebec), working continuously for at least 2 years?
Could these issues be a strong plus for me or is it only based on my BOC?

The only thing that will be considered in an asylum claim is proof of persecution and that there is no safe region in your home country and proof that you have explored other regions of your home country and your life is at risk in all parts of your country. In general as a resident of Canada you must follow laws for income reporting. If you do get charged for illegal activity that can prevent you from qualifying for asylum.