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Refugee protection for single mom

MH Abrar

Full Member
Sep 1, 2020
30
2
My mom is a single mother. she is being tortured mentally by her mom. and in my country women safety is joke. now we are trying to claim protection from Canadian gov. so what are the chance of getting protection from Canadian gov as a single mother with two dependent children . will they deport us back or we can get protection? Coz its getting worst day by day
 

scylla

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Jun 8, 2010
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My mom is a single mother. she is being tortured mentally by her mom. and in my country women safety is joke. now we are trying to claim protection from Canadian gov. so what are the chance of getting protection from Canadian gov as a single mother with two dependent children . will they deport us back or we can get protection? Coz its getting worst day by day
It's difficult to answer your question. Generally speaking it would not be enough to show that one person is making your mom's life miserable or that safetely for women is bad in your country in order to file a successful refugee claim in Canada. Generally speaking, you need to prove that you will be persecuted / your life will be in danger regardless of where you go and live in the country. It's really going to be impossible for any of us here to say wheither your mother's case would be successful and whether she is allowed to remain in Canada.

Unfortunately no one here can tell you what the chances will be of success. However I think you would want to have a stronger case than you have described above. I would recommend that your mother work with a good Canadian immigration lawyer to make sure she has a strong case before filing it.

And yes, if your refugee claim is refused and appeals are refused, you would eventually have to leave Canada.
 

MH Abrar

Full Member
Sep 1, 2020
30
2
It's difficult to answer your question. Generally speaking it would not be enough to show that one person is making your mom's life miserable or that safetely for women is bad in your country in order to file a successful refugee claim in Canada. Generally speaking, you need to prove that you will be persecuted / your life will be in danger regardless of where you go and live in the country. It's really going to be impossible for any of us here to say wheither your mother's case would be successful and whether she is allowed to remain in Canada.

Unfortunately no one here can tell you what the chances will be of success. However I think you would want to have a stronger case than you have described above. I would recommend that your mother work with a good Canadian immigration lawyer to make sure she has a strong case before filing it.

And yes, if your refugee claim is refused and appeals are refused, you would eventually have to leave Canada.
But can you tell me if my mom applies for protection. how she have to prove that her life is in danger. Because once we came from our country that won't be possible for us to go and collect any document.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
But can you tell me if my mom applies for protection. how she have to prove that her life is in danger. Because once we came from our country that won't be possible for us to go and collect any document.
I can't answer that question. It's quite important to have evidence in order to have a successful asylum case. All the more reason why your mother should hire an immigration lawyer after arriving in Canada and before filing the asylum claim.
 
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Bornlucky

Hero Member
May 15, 2018
602
462
But can you tell me if my mom applies for protection. how she have to prove that her life is in danger. Because once we came from our country that won't be possible for us to go and collect any document.
Hello

You need to look at the actual definition of what constitutes a Convention refugee, draw a line between the "state agent" that pursues or permits the persecution - not harassment, not discrimination and not a destructive mom - and then detail how an internal flight alternative doesn't work to obviate the problem.

If you cannot then the likelihood of eventual removal from Canada should occupy your thoughts..

If you want to learn more about Convention refugees then study it or hire competent counsel because spurious refugee claims undermine public confidence in the process, are expensive and they ultimately delay the Hearings for people who actually do face persecution.

The decision to make a claim to Convention refugee status is a serious, life-changing act. Future travel to most of the western world can be effected negatively if the claim fails.
 

MH Abrar

Full Member
Sep 1, 2020
30
2
Hello

You need to look at the actual definition of what constitutes a Convention refugee, draw a line between the "state agent" that pursues or permits the persecution - not harassment, not discrimination and not a destructive mom - and then detail how an internal flight alternative doesn't work to obviate the problem.

If you cannot then the likelihood of eventual removal from Canada should occupy your thoughts..

If you want to learn more about Convention refugees then study it or hire competent counsel because spurious refugee claims undermine public confidence in the process, are expensive and they ultimately delay the Hearings for people who actually do face persecution.

The decision to make a claim to Convention refugee status is a serious, life-changing act. Future travel to most of the western world can be effected negatively if the claim fails.
I know what you are saying..And i know that my word are not able to make you understand that what type if persecution is going on with my mom and my family. Our Country doesn't support LGBTQ rights.. And people who supports this they have to face many things..
And also people are here very aggressive when someone opposes with their religious views.. And if i talk about women safety..its not like that what you are thinking..
If a girl gets rape in a public road..No one comes to help her..Instead of helping they blame the girl that she might have done something wrong..
And the deportation thoughts are occupying me only because if our decision gets denied then we have to return here..And then things will get worse..
 

Alireza1234

Star Member
Jan 24, 2020
159
14
Refugee is a person who his/her life is in danger.

In Many countries women doesnt have right like men or they are tortured by their family or husband but they cant claim refugee and protection on the base of that because an officer will ask them why you didnt go to your government and ask for help or why you didnt move to another city and live there which would be easier than traveling and seeking refugee in Canada. However if her life is in danger its different story. For example if she married to a man by force of family then she run away with her boyfriend To canada, then she might get protection as their life will be in danger by her husband and even also government if she get back home but all need strong proof.
 

Bornlucky

Hero Member
May 15, 2018
602
462
Hello, I'd like to establish this point, if I may.

You do not have to face death to be a Convention refugee in Canada and you do not have to be a Convention refugee in order to receive Canada's protection.

The actual Canadian definition of a Convention refugee is:

96 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
  • (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
  • (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
s 97 of IRPA details people who may require protection and who may not be Convention refugees and while a risk to life is included there, it isn't mandatory that death be a result.
  • 97 (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
    • (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
    • (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
      • (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
      • (ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
      • (iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
      • (iv) the risk is not caused by the inability of that country to provide adequate health or medical care.
Criminals who may face the death penalty but are not CRs could fit into s 97 without meeting the definition of s 96. This is why Canada occasionally seeks diplomatic assurances to not execute certain people that they seek to deport.

Rest easier persecuted people who aren't facing actual death, and those fewer people facing death (or torture) who aren't being persecuted.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
My mom is a single mother. she is being tortured mentally by her mom. and in my country women safety is joke. now we are trying to claim protection from Canadian gov. so what are the chance of getting protection from Canadian gov as a single mother with two dependent children . will they deport us back or we can get protection? Coz its getting worst day by day
Mental torture is both very hard to prove and may not be considered persecution. What kind of proof does she have that shows she is being persecuted? What has she tried to do to change her circumstances? Has she tried moving to another country? Is she educated? How old are her children. If you all qualified for TRVs you likely have extensive travel history and quite a lot of savings. Has she travelled elsewhere and not claimed asylum before? Would also highly suggest consulting a lawyer before you travel or claim asylum to see if based on your proof and your whole story whether there are good chances of asylum. It isn’t as easy as people assume. A failed asylum claim also has long term consequences for you and your extended family. As soon as you claim asylum you extended family will have difficulty traveling to at least Canada. A failed asylum request will make it harder to get any form of temporary permit and make it more difficult to travel to many other countries.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
I know what you are saying..And i know that my word are not able to make you understand that what type if persecution is going on with my mom and my family. Our Country doesn't support LGBTQ rights.. And people who supports this they have to face many things..
And also people are here very aggressive when someone opposes with their religious views.. And if i talk about women safety..its not like that what you are thinking..
If a girl gets rape in a public road..No one comes to help her..Instead of helping they blame the girl that she might have done something wrong..
And the deportation thoughts are occupying me only because if our decision gets denied then we have to return here..And then things will get worse..
Is your mother part of the LGBTQ+? Unfortunately women’s aren’t respected in many areas of the world. That isn’t generally enough to claim asylum unless you have an example of how you were targeted in particular.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
We will be travelling to Canada. And that's why iam confriming that.. what are the chances of getting protection. Coz i can't afford to be deported again in my country
Would just warn you that there are currently travel restrictions that are likely to go on for quite a while.
 
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MH Abrar

Full Member
Sep 1, 2020
30
2
Mental torture is both very hard to prove and may not be considered persecution. What kind of proof does she have that shows she is being persecuted? What has she tried to do to change her circumstances? Has she tried moving to another country? Is she educated? How old are her children. If you all qualified for TRVs you likely have extensive travel history and quite a lot of savings. Has she travelled elsewhere and not claimed asylum before? Would also highly suggest consulting a lawyer before you travel or claim asylum to see if based on your proof and your whole story whether there are good chances of asylum. It isn’t as easy as people assume. A failed asylum claim also has long term consequences for you and your extended family. As soon as you claim asylum you extended family will have difficulty traveling to at least Canada. A failed asylum request will make it harder to get any form of temporary permit and make it more difficult to travel to many other countries.
She hasn't tried any where claiming protection. She has two dependent child me(17) and my younger brother (13). Actually the case of mental torture of my mom and female gender in my country is very vast. She got divorced in 2011. And after that she was always being oppresed and tortured mentally, and that's why she wasn't able to work anywhere. My mom's family is very much conservative as a muslim family. They always pressurize my mom to wear hijab and burqa and be in the home. And also my mother's mom is harming her character by telling everyone that my mom is a whore. And that's why my mom has to suffer a lot an also loose many jobs and places.
And now if she went to another place or area in my country then it will be more dangerous for us. Because as she is a single mom, people will again try to harass her and take advantage of her even the police. Becuase its rare case where police helped a women in harassments . And if we try to resist it then we know what will happen. My mom may jailed in the charge of prostitution.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
She hasn't tried any where claiming protection. She has two dependent child me(17) and my younger brother (13). Actually the case of mental torture of my mom and female gender in my country is very vast. She got divorced in 2011. And after that she was always being oppresed and tortured mentally, and that's why she wasn't able to work anywhere. My mom's family is very much conservative as a muslim family. They always pressurize my mom to wear hijab and burqa and be in the home. And also my mother's mom is harming her character by telling everyone that my mom is a whore. And that's why my mom has to suffer a lot an also loose many jobs and places.
And now if she went to another place or area in my country then it will be more dangerous for us. Because as she is a single mom, people will again try to harass her and take advantage of her even the police. Becuase its rare case where police helped a women in harassments . And if we try to resist it then we know what will happen. My mom may jailed in the charge of prostitution.
Relocating can mean to other countries. In order to be approved for TRVs your whole family must have had very strong ties to KSA, previous travel history to countries in Europe, the US, Australia, etc. and pretty good saving. Unfortunately I’m really not sure if mental torture and name calling is going to be enough to secure asylum. It is of course extremely unpleasant and damaging but it is unlikely to be considered persecution. Is she physically violent? Do you have pictures of any physical abuse? If you mother has the funds or has some education has she looked at economic immigration programs? The possibility of studying on another country or her children studying in a country where she can accompany them? You really should be consulting some lawyers before attempting to come to Canada given your situations are not clear cases of asylum.
 
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