Refugee Evidence

[painerben]

Hi.


Question...I generally just want to know the answer to this as I read about this on the news and maybe this will help someone out.

Someone in Canada at their Refugee Hearing was concerned about not having enough proof (domestic abuse) at their Refugee Hearing and fibbed somewhat on their documents. This person was granted PR status in Canada. The IRB was tipped off over this fib and started vacation proceedings for the person to leave Canada.

Can the Refugee make any sort of argument over this? I thought no?, they automatically get sent back to their home country? Is there a way around this?

 

[Buletruck]

There is always due course In a decision like that. Ultimately there is some sort of appeal process that goes with a decision like that (be it an actual appeal or a court challenge). Realistically, it’s highly unlikely (probably no chance) that anyone is automatically sent home.

 

[Rob_TO]

Hi.


Question...I generally just want to know the answer to this as I read about this on the news and maybe this will help someone out.

Someone in Canada at their Refugee Hearing was concerned about not having enough proof (domestic abuse) at their Refugee Hearing and fibbed somewhat on their documents. This person was granted PR status in Canada. The IRB was tipped off over this fib and started vacation proceedings for the person to leave Canada.

Can the Refugee make any sort of argument over this? I thought no?, they automatically get sent back to their home country? Is there a way around this?

Sounds like they lied or submitted fraudulent documents, so I don't see any scenario where they are allowed to keep PR status. Sure they can possibly appeal, but I don't know what they would try to argue against.

 

[painerben]

Sounds like they lied or submitted fraudulent documents, so I don't see any scenario where they are allowed to keep PR status. Sure they can possibly appeal, but I don't know what they would try to argue against.

Yeah, I thought so. But...what if the Refugee that lied on the documents was told to do so by someone else, or they feared for their life? Would that even be in consideration in an appeal to the IRB or Ministry? I was curious to see if there was any argument the Refugee could have made.

 

[scylla]

Yeah, I thought so. But...what if the Refugee that lied on the documents was told to do so by someone else, or they feared for their life? Would that even be in consideration in an appeal to the IRB or Ministry? I was curious to see if there was any argument the Refugee could have made.

IRCC will hold the applicant responsible for any misrepresentation/fraud. Doesn't matter if someone else told them to do so. As the applicant, they signed forms swearing that all of the information in the application was truthful.

Refugee should start working with a very good lawyer now if they aren't already.

 

[zardoz]

Yeah, I thought so. But...what if the Refugee that lied on the documents was told to do so by someone else, or they feared for their life? Would that even be in consideration in an appeal to the IRB or Ministry? I was curious to see if there was any argument the Refugee could have made.

It's considered tolerable to lie etc to physically get to Canada and applicants are not normally penalized for it, but once in Canada you had better be absolutely honest with IRCC and CBSA. Anything else and you are looking for serious problems and potential deportation. Credibility is a major factor in refugee assessment.

 

[vensak]

The problem is the following. If he has lied about certain things how can they be sure, that he was truthful about others (especially about the subjective aspects why he had chosen to flee his country).
And as an adult he was responsible for the information he was giving to the immigration office.
All he can do is to be truthful now and hope for the best.
Just so you know one can be even stripped of citizenship if it would become evident that he or she got it by a fraudulent way.

Good luck