Refugee with criminal records outside Canada

[systemdll]

Hello,

I am from Turkey,

I am planning to relocate to Canada with asylum process. I dont have visa yet. I have USA visa, and planing to come via other methods ... you know. I dont want to tell.

I would like to ask yours the questions we have in mind. If it is possible, I'm not sure if I meet the application conditions

I was under 18 in 2008. I was tried as a juvenile criminal. I was sentenced to 2 years and 6 months as a result of this trial. I did not go to prison. My punishment was on probation. and 12 years have passed from the criminal history. The substance I am charged with is using the credit card unfairly. When I was 17, my friend sent a birthday present online. He sent a product worth $ 12. Two years later, this trial was made. It was funny because I was not guilty, but I was sentenced. If you read the content of the file, you will agree. My birthday is May 21 and it was sent to me on May 20. I was found guilty without any evidence such as an IP address. It was a funny case.

I will apply for asylum, but it makes me nervous to have a criminal record. I researched the CANADA LAWS.

I found this section:

"The penalty for credit card offenses depends on the type of offence and the amount that has been defrauded. According to the Criminal Code of Canada, the penalties for theft or forgery of a credit card, use or possession of a stolen or forged credit card or use of a revoked or canceled credit card can result in a 6 month jail term and/or $5,000 fine. The maximum penalty for an indictable offense is 10 years imprisonment. "

Among the conditions of application for asylum, there is an article like this:

With respect to criminal records, the Immigration and

Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted outside Canada, for an offence, which, if committed in Canada, would be a federal offence punishable by a maximum jail term of at least ten years,

Any ideas??

Thanks

 

[mimika]

When you applied for TRV did you mention in your application about the conviction?
If yes, and you got a visa, it seems like you could be deemed rehabilitated. Bcs by law, those who are inadmissible to canada under IRPA 34-42 cannot be permitted to canada unless they fall under one of the exceptions or they are criminally rehabilitated.
You can apply for criminal rehabilitation and in an application form select “for information only” that’s how you will find out if you are inadmissible.
Regarding claiming a refugee protection it can appear to be a very long story.
first of all, you could be fine inadmissible and face an admissibility hearing where you will have to prove that you’re not inadmissible;
Secondly, after and if your claim will be accepted your hearing can be suspended or terminated because of conviction.
Thirdly, this question can arise during the hearing, and the burden of proof will be in you.
So there is always risky. But again , there are a lot of exceptions and exceptions from exceptions.. it’s very individual. Sometimes people who were violently involved into a serious or organized crime (drug cartels, human trafficking especially from Latin American countries) can get be granted a refugee status.
you should find a good lawyer who HAS EXPERIENCE WITH OVERCOMING INADMISSIBILITIES. because everyone can fill and file BOC (even your friend who is authorized by you), but only experience lawyer or RCIC can process the case. One professor from my law school even had successful appeals in RAD in Cases with misrepresentation. So everything is possible. But there are a lot of pros and cons

 

[jddd]

I echo the question above. When you applied for the TRV, did you disclose the conviction? If not, it may be a problem.

 

[systemdll]

I echo the question above. When you applied for the TRV, did you disclose the conviction? If not, it may be a problem.

No, I didnt mention it,

I dont have TRV , I have valid USA B1-2 visa


@mimika

thanks for your amazing informations, i will check it

 

[mimika]

No, I didnt mention it,

I dont have TRV , I have valid USA B1-2 visa


@mimika

thanks for your amazing informations, i will check it

Apply for criminal rehabilitation before you go to canada
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html

Include all the necessary documentation explaining the bs that has happened. I would also recommend you to retain a lawyer in Turkey to give kind of reference and overview about the case. In addition all the documents that can show that you’re established in Turkey. Education, employment, if you’re in relationships - prove it (not necessarily marriage, even if you’re dating someone with intention to have a family with this person)

after youll be criminally rehabilitated you can come back to this question.
goooood luck

 

[scylla]

No, I didnt mention it,

I dont have TRV , I have valid USA B1-2 visa


@mimika

thanks for your amazing informations, i will check it

You'll need to apply for a TRV to enter Canada.

 

[canuck78]

Hello,

I am from Turkey,

I am planning to relocate to Canada with asylum process. I dont have visa yet. I have USA visa, and planing to come via other methods ... you know. I dont want to tell.

I would like to ask yours the questions we have in mind. If it is possible, I'm not sure if I meet the application conditions

I was under 18 in 2008. I was tried as a juvenile criminal. I was sentenced to 2 years and 6 months as a result of this trial. I did not go to prison. My punishment was on probation. and 12 years have passed from the criminal history. The substance I am charged with is using the credit card unfairly. When I was 17, my friend sent a birthday present online. He sent a product worth $ 12. Two years later, this trial was made. It was funny because I was not guilty, but I was sentenced. If you read the content of the file, you will agree. My birthday is May 21 and it was sent to me on May 20. I was found guilty without any evidence such as an IP address. It was a funny case.

I will apply for asylum, but it makes me nervous to have a criminal record. I researched the CANADA LAWS.

I found this section:

"The penalty for credit card offenses depends on the type of offence and the amount that has been defrauded. According to the Criminal Code of Canada, the penalties for theft or forgery of a credit card, use or possession of a stolen or forged credit card or use of a revoked or canceled credit card can result in a 6 month jail term and/or $5,000 fine. The maximum penalty for an indictable offense is 10 years imprisonment. "

Among the conditions of application for asylum, there is an article like this:

With respect to criminal records, the Immigration and

Refugee Protection Act stipulates four main categories of crimes that may make a person ineligible to claim refugee status. If the person:

was convicted outside Canada, for an offence, which, if committed in Canada, would be a federal offence punishable by a maximum jail term of at least ten years,

Any ideas??

Thanks

You should be aware that Roxham road is now closed. Many of the routes via the US are now closed.

 

[jddd]

No, I didnt mention it,

I dont have TRV , I have valid USA B1-2 visa


@mimika

thanks for your amazing informations, i will check it

when you apply for a visa, mention it and explain.

your b1/b2 visa will not help you get in to Canada right now. if you are in immediate danger, I would suggest claiming asylum in the closest safe country or in the US since you have a visa to that country. covid numbers are really bad so anticipate that you will not be able to go to Canada anytime soon.

 

[profugus]

Hi,

I'm in the same shoes, but I'm a couple of years ahead of you. I came to Canada with serious convictions and pending prosecution in my home country and applied for asylum. The reason was exactly these convictions because I was denied a fair trial. But as a Turkish citizen you don't need introduction to how some Eastern countries interpret their own laws and fair trials in general.

The best answer I can give comes straight from my own counselor. If you've been convicted, but it's already been expunged from your criminal record for any reason, then that conviction doesn't exist. Don't even bother disclosing it if you have a proof of a clean criminal record. Given that this story of yours took place quite some time ago, and it wasn't a serious crime, chances are that you're not even in the criminal database any more. Your best course of action is to request a government certificate of your clean criminal record and present it. You're an innocent, crimeless person.

If it's still on your record for some reason, then consider what is the chance that Canadian authorities will find it out. They don't have access to government records of a foreign country, and they can't contact the Turkish government to request information about you. This isn't how it works. Governments don't disclose anything about their citizens unless they're subject to a serious international investigation. If there's no trace of your conviction on the Internet like newspaper reports or something, just don't disclose it. If they have any suspicion, they'll have to prove it. They can't just say that they believe you're a criminal but show nothing to support it.

But if you confessed everything to the authorities, it's still not a lost case. I've disclosed quite a rap sheet when I arrived, including violent felonies and terrorism, and I needed an extra sheet of paper just to list the case numbers. Of course I was also prepared to demonstrate that these are not legitimate convictions and weren't rendered by a fair court. Quite understandably they arrested me, and I was in detention for a few weeks until a friend of mine in Toronto stepped forward as a bondsperson, and I was bailed out. I'm still out on bail, waiting for an admissibility hearing for nearly 3 years now. When this hearing will finally come, I'll present the court documents, all translated to English, and point out how it wasn't a lawful trial. They actually listen! During my detention I was questioned two times by government officials, and when the hearing ended, they literally said I shouldn't be in prison, my case sounds genuine. They aren't anyone's enemy, they're just doing their jobs.

As for you, I don't think they'd even raise an admissibility concern about a minor crime committed 13 years ago and involved $12 of damage. Indeed, credit card fraud is punishable with up to 10 years of imprisonment in Canada, which would give ground for an admissibility concern, but only if it's a serious case, an indictable offence. $12 isn't worth an indiction, it'd most likely end with summary conviction, if the prosecutor even bothered to press charges.

So to summarize, I don't think it would be an obstacle. Just go ahead and claim asylum if you think you have a good reason to do so.