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Removal orders interview

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
What kind of lawyer who doesnt want you to utilize all your last option? I would go for that while stay application is on progress
We don’t know much about this case so it is hard to comment. That said there is no harm applying for H&C. It does sound like this is a single mother of 3 with none born in Canada who has been on welfare throughout their whole time in Canada. Applications for asylum from Pakistan are hit or miss. Really depends on reason for asylum but far from a guaranteed approval. Unfortunately many seem to be under the false impression that getting asylum from Pakistan is almlst guaranteed. It seems as through the family may have been living in KSA longterm which if the case makes proving the need for asylum from Pakistan much harder. Compared to many other applications they have not been here longterm, one parent is not living in Canada, no parent is working outside the home, etc. The argument will be that there won’t be a huge transition if the family has to return to KSA or Pakistan due to the short time in Canada, that the children are bilingual (or more), that some of the children would have attended school in KSA or Pakistan before coming to Canads and the children will benefit from having the family reunited since the father never came to Canada. There may be extended family as well since there has been no mention of extended family in Canada. Due to covid there is likely less ties to the community for both wife and children. No mention of medical issues have been indicated. Should definitely file and H&C but based on the information that has been posted this is definitely a challenging case.

If you are comfortable sharing what we’re the grounds of you seeking asylum? Had you been living in KSA or Pakistan? Did you enter Canada as visitors or enter via the US border to claim asylum? It looks like your spouse tried to secure a WP to Canada a decade ago, had you applied to come to Canada other times? Did you or your husband have a job lined up in Canada? Due to covid becoming established in your community was much more difficult especially in some areas. Have you been able to get involved in your community? What about each child? Have you thought about what points would be the strongest things you should highlight in your H&C application?
 
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HCboy123

Star Member
Aug 18, 2020
62
74
I wrote her email.
She said I'm not eligible for PRRA as I get PRRA of I passed 12 months after my case refusal.
H&c my lawyer said as I'm not having strong grounds I'm dependent on funds and I can't prove I'm strong enough
I didn't had strong grounds either, I was also on fund and also was reporting to cbsa, you should apply H&C ask Ayanna she will help you. I got AIP also H&C will give you time.
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,771
What kind of lawyer who doesnt want you to utilize all your last option? I would go for that while stay application is on progress
Based on previous posts it seems as though OP had been struggling to pay for a lawyrt. It’s unclear whether OP was able to secure access to free legal respeesentation. I know legal aid in Ontario started limiting coverage afterinitial hearing unless they felt that approval of the next application is almost guaranteed. Not sure whether rules have been altered to take into account the changes in the number of the various applications due to covid. Sure there have been an increase in other application like divorces and bankruptcies. If the lawyer knows that the case is relatively weak and that the family doesn’t really have the funds to pay for a lawyer, then the lawyer may take into account whether they should go into debt to try and file for JR or H&C or whether their money would bebetterused to get reestablished in their home country. This isn’t a judgement call for the lawyer to make but there are some lawyers who do worry about their clients taking on large amounts of debt knowing that it would be a large burden if they did get denied and had to return to their home country. Many of the loans are not something that will just become delinquent when the family leaves and the lawyer just won’t get paid. This may be a loan from friends and family or the extended family may have taken out the loan in their name through their credit card, line of credit, etc. Even worse this may be sketchy loan often connected to members of your own community. Collecting the loan will follow you to your home country and the people collecting the loans are done by dangerous individuals. It is definitely a situation that no lawyers would want their client to end in. There are unfortunately lazy and bad lawyers. There are still good lawyers as well.
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,771
I didn't had strong grounds either, I was also on fund and also was reporting to cbsa, you should apply H&C ask Ayanna she will help you. I got AIP also H&C will give you time.
How long had you been in Canada before applying for H&C? Yes you are right your case seems extremely rare. Are you from a country that is well known for hardship conditions like Yemen for example?
 

zak86

Hero Member
Nov 13, 2019
470
109
We don’t know much about this case so it is hard to comment. That said there is no harm applying for H&C. It does sound like this is a single mother of 3 with none born in Canada who has been on welfare throughout their whole time in Canada. Applications for asylum from Pakistan are hit or miss. Really depends on reason for asylum but far from a guaranteed approval. Unfortunately many seem to be under the false impression that getting asylum from Pakistan is almlst guaranteed. It seems as through the family may have been living in KSA longterm which if the case makes proving the need for asylum from Pakistan much harder. Compared to many other applications they have not been here longterm, one parent is not living in Canada, no parent is working outside the home, etc. The argument will be that there won’t be a huge transition if the family has to return to KSA or Pakistan due to the short time in Canada, that the children are bilingual (or more), that some of the children would have attended school in KSA or Pakistan before coming to Canads and the children will benefit from having the family reunited since the father never came to Canada. There may be extended family as well since there has been no mention of extended family in Canada. Due to covid there is likely less ties to the community for both wife and children. No mention of medical issues have been indicated. Should definitely file and H&C but based on the information that has been posted this is definitely a challenging case.

If you are comfortable sharing what we’re the grounds of you seeking asylum? Had you been living in KSA or Pakistan? Did you enter Canada as visitors or enter via the US border to claim asylum? It looks like your spouse tried to secure a WP to Canada a decade ago, had you applied to come to Canada other times? Did you or your husband have a job lined up in Canada? Due to covid becoming established in your community was much more difficult especially in some areas. Have you been able to get involved in your community? What about each child? Have you thought about what points would be the strongest things you should highlight in your H&C application?
Agree with the above statement I was counting all these things as neg points as well.. as when we all know OP tried to apply for a student visa work visa in past before coming. then flew here alone is something not normal. and when OP's spouse is living without issues in KSA or Pakistan so that thing weakens stuff too.. not sure if OP has evidence to support the claim. but as per conversation, CBSA is not ready to give PRRA even upon request however JR is pending as per OP but I am surprised how is it possible if the decision not made and CBSA is behind? the other thing when there are kids involves again why CBSA is not interested or showing any curses. H&C can be an option but it can't stop DEPORTATION orders which is signed by OP already.

I didn't had strong grounds either, I was also on fund and also was reporting to cbsa, you should apply H&C ask Ayanna she will help you. I got AIP also H&C will give you time.

but again did you get PRRA? you were here with family or only you and kids were here? I agree with @canuck78 as OP is on welfare throughout so might be that is a reason they are not giving further option.. however when your claim rejects they give you right of appeal but in OP case they gave option for JR only nothing else so it is different and surprising and other thing OP got hearing in 9 months even due to pandemic. i wish she can stop deportation and stay here.
 

tessytessy

Star Member
Jan 11, 2018
155
53
Agree with the above statement I was counting all these things as neg points as well.. as when we all know OP tried to apply for a student visa work visa in past before coming. then flew here alone is something not normal. and when OP's spouse is living without issues in KSA or Pakistan so that thing weakens stuff too.. not sure if OP has evidence to support the claim. but as per conversation, CBSA is not ready to give PRRA even upon request however JR is pending as per OP but I am surprised how is it possible if the decision not made and CBSA is behind? the other thing when there are kids involves again why CBSA is not interested or showing any curses. H&C can be an option but it can't stop DEPORTATION orders which is signed by OP already.




but again did you get PRRA? you were here with family or only you and kids were here? I agree with @canuck78 as OP is on welfare throughout so might be that is a reason they are not giving further option.. however when your claim rejects they give you right of appeal but in OP case they gave option for JR only nothing else so it is different and surprising and other thing OP got hearing in 9 months even due to pandemic. i wish she can stop deportation and stay here.
OP should apply for H&C. The approval rate is extremely high now maybe due to compassionate ground as a result of covid. Some people with very bad Assylum cases and even removal at their door step have applied and been approved for H&C. She just needs a good lawyer to marshall all her points.
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,771
OP should apply for H&C. The approval rate is extremely high now maybe due to compassionate ground as a result of covid. Some people with very bad Assylum cases and even removal at their door step have applied and been approved for H&C. She just needs a good lawyer to marshall all her points.
Many of ppl who have been approved for H&C after negative asylum claims have been in Canada for 2-4 years if not a lot longer. Some have had children in Canada, many have applied for medical reasons, most have worked throughout their time in Canada, etc. One of the reasons there has been a push to process both asylum andH&C cases faster is because the long processing times gives people ample time to become established in the community. If people qualify then filing for H&C gives you another opportunity to remain in Canada but you could be deported while waiting for the result of your application. I do agree that there seems to be more approvals than average likely due to covid.
 
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