Withdrawal of application

[berivan]

Hello. I applied 2 months ago asylum because of constant rape threats from my exboyfriend. My friends said he has been imprisoned because of crimes that he committed. Can I withdraw my
application? Will I receive 5 year penalty time for applying visa to Canada? I hope to some advice from you guys. I very confused about what to do. Thank you.

 

[Buletruck]

You can withdraw anytime. There won’t be a 5 year ban, but it may be more difficult to obtain a TRV in the future due to your claim. Remember, refugee status isn’t necessarily forever.......things change.

 

[canuck78]

Given that your boyfriend is in prison you also no longer have a reason to claim asylum. Do you have your passport or has it been confiscated? Have you informed your lawyer about your boyfriend being in prison?

 

[berivan]

My passport has ben confiscated. That pig cause alot of trauma and pain to me, I just don't want to get in trouble because of that pig. If it would cause trouble should I apply study visa while in Canada or back home? Also would this situation cause trouble if I apply for US visa?

 

[Medoxtar]

My passport has ben confiscated. That pig cause alot of trauma and pain to me, I just don't want to get in trouble because of that pig. If it would cause trouble should I apply study visa while in Canada or back home? Also would this situation cause trouble if I apply for US visa?

My advice is your don’t cancel your claim and wait on here till you have status. Then you can have RTD to go anywhere except your home country. What if he was released so soon what did you think is going to happen? He might not change his mind towards you so still better stick to the protection of Canada and enjoy your life here.

 

[Buletruck]

My advice is your don’t cancel your claim and wait on here till you have status.

Just an opinion, but that’s probably not the best advice. If her refuge claim was based on abuse from her BF/ex, it was a relatively weak application anyway IMO. It’s was a civil matter and has now been dealt with. When she shows up to the review, and they ask her why she claimed refugee status in Canada and says her significant other beat her but now he’s in jail, the IRB will reject the case for lack of grounds. As I said, people don’t have to be refugees for ever (and in fact countries can withdraw refugee status if thing In The home country change. Refugee status doesn’t have to be forever.

 

[mingota19]

Just an opinion, but that’s probably not the best advice. If her refuge claim was based on abuse from her BF/ex, it was a relatively weak application anyway IMO. It’s was a civil matter and has now been dealt with. When she shows up to the review, and they ask her why she claimed refugee status in Canada and says her significant other beat her but now he’s in jail, the IRB will reject the case for lack of grounds. As I said, people don’t have to be refugees for ever (and in fact countries can withdraw refugee status if thing In The home country change. Refugee status doesn’t have to be forever.

i dont think it is a weak case,.there is a chance to win a case like this . she just needs to be well documented, to convince the refugee board member that her claim is genuine . according to Immigration canada stats, there is a chance to win a case like that.

 

[szaib002]

I agree. Don't cancel your claim. Even it is a civil matter your safety might be at risk if your partner gets out. Wait for the decision on your claim. Canada is one of the best countries when it comes to gender equality and women rights. It would be better for you to stay here in the long run

 

[jddd]

i dont think it is a weak case,.there is a chance to win a case like this . she just needs to be well documented, to convince the refugee board member that her claim is genuine . according to Immigration canada stats, there is a chance to win a case like that.

Interested with this Immigration Canada stats that you are referring to for a friend please. Mind sharing where you read/got/studied that this is a strong case?

 

[mingota19]

Interested with this Immigration Canada stats that you are referring to for a friend please. Mind sharing where you read/got/studied that this is a strong case?

https://www.cbc.ca/news/canada/asylum-seekers-data-gender-persecution-1.4506245

 

[Buletruck]

Note that it only has a 58% success rate. Given her grounds for refugee status in now imprisoned, there is a significant chance her claim would fall into the unwelcome 42% group.
Based on the OPs initial post, she seems to want to go home (lots of people don’t want to be in a situation where they can’t visit family and friends for extended periods) and have the option to return to Canada at some point in time. A failed refugee claim would essentially eliminate any chance of returning for a long time. It’s a personal decision, and while I’m not involved in the process I can certainly offer pragmatic advice. Continuing a claim when the threat no longer exists is no different that a refugee of convienience.

From the article:

Claims based on domestic violence are, like all refugee claims, assessed based on two elements: the risk an individual faces and to what degree they can be protected in their home country, said Catherine Dauvergne, dean of the University of British Columbia's Peter A. Allard Law School and an expert in refugee and migration law.

 

[mingota19]

Note that it only has a 58% success rate. Given her grounds for refugee status in now imprisoned, there is a significant chance her claim would fall into the unwelcome 42% group.
Based on the OPs initial post, she seems to want to go home (lots of people don’t want to be in a situation where they can’t visit family and friends for extended periods) and have the option to return to Canada at some point in time. A failed refugee claim would essentially eliminate any chance of returning for a long time. It’s a personal decision, and while I’m not involved in the process I can certainly offer pragmatic advice. Continuing a claim when the threat no longer exists is no different that a refugee of convienience.

From the article:

I am not saying she should continue her claim .if she feels she isn't at risk anymore of course she should return to her home country .But claiming domestic violence isn't a weak case .there are millions of real cases out there.though I agree each country should be able to protect these women at risk.

 

[Medoxtar]

I am not saying she should continue her claim .if she feels she isn't at risk anymore of course she should return to her home country .But claiming domestic violence isn't a weak case .there are millions of real cases out there.though I agree each country should be able to protect these women at risk.

How about now that the country of her home is not protecting her! What options did she got than to run for her life. Many speaks like they’re the irb that makes decision about the claim on here! You shouldn’t be sounding like everything on this platform is the answer to all you’re going to face with the irb. I better advice her not to go back to home country and Continue her claim.

 

[Buletruck]

@mingota19
Fair enough. Again, these are just my observations and opinions. Personally I don’t see a 58% chance of approval as particularly stellar statistics, but then again, I am in not the one facing the problem.
Others, though have suggested continuing the claim, which at this point, I strongly believe would result in a refusal. The threat (as of this point in time) has been removed. Saying her safety might be at risk is like claim asylum from the US because it might fall into a civil war.....sometime.

 

[jddd]

https://www.cbc.ca/news/canada/asylum-seekers-data-gender-persecution-1.4506245

Thanks, appreciate this.