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jamal_23
New Member

Canada
4 Posts

Posted - June 04 2009 :  22:15:52  Show Profile
Hi all . i'm a refugee claimant in canada since Jan 2009 and i have both the study permit and the work permit now . i beleive that my chance to be accepeted is very little so my question are :

1- will CIC withdraw my work permit once my claim is denied ?

2- will they let me continuing my school untill the graduation or they will withdraw my study permit as well ?

any help would be well appreciated . thank you .
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PMM
Top Member

Canada
3870 Posts

Posted - June 04 2009 :  22:26:46  Show Profile
Hi

quote:
Originally posted by jamal_23

Hi all . i'm a refugee claimant in canada since Jan 2009 and i have both the study permit and the work permit now . i beleive that my chance to be accepeted is very little so my question are :

1- will CIC withdraw my work permit once my claim is denied ?

2- will they let me continuing my school untill the graduation or they will withdraw my study permit as well ?

any help would be well appreciated . thank you .



1. Yes.
2. No

If you lose your claim, you go home usually you have 30 days.

PMM
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jamal_23
New Member

Canada
4 Posts

Posted - June 04 2009 :  22:32:09  Show Profile
thank you for the quick reply , i'm really frustrated , is there any other solution.
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singlefather
Senior Member

Canada
384 Posts

Posted - June 05 2009 :  00:07:01  Show Profile
jamal,

Why are you frustrated ?

You yourself think your claim has very little chance of being approved after you are heard.

Why should Canada allow you to stay to work or go to school here after your claim is rejected ?

If your case is not legitimate get out of my country which is Canada and go home to your own country. We Canadians have no more patience for people trying to abuse our system.

Now if you are a legitimate refugee claimant I say welcome.

I am very tired and frustrated of people lying and abusing our systems and laws to get into Canada.


singlefather no more

.


Edited by - singlefather on June 05 2009 02:28:08
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jamal_23
New Member

Canada
4 Posts

Posted - June 05 2009 :  00:22:35  Show Profile
first of all singlefather you are not canadian . second maybe you didnt go to schools before that's why you dont know what does it mean when someone ask you to leave your university in your third year .

by the way you have no right to talk me like that . the govermnent will decide if i'm lying or no , not an ignorant "singlefather" like you .
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singlefather
Senior Member

Canada
384 Posts

Posted - June 05 2009 :  02:31:30  Show Profile
jamal,

I was born and raised in Canada.

.

Edited by - singlefather on June 05 2009 02:31:51
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feb7
Top Member

Canada
2105 Posts

Posted - June 05 2009 :  02:41:00  Show Profile
jamal_23 - it sounds like you came & filed as a refugee to bypass typical work & study permits
Sounds like you had a plan & implemented it and crap like that really pisses people off, especially real refugees!
If you have a BS claim, like even it seems you think you do - I hope they fast track you out
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azadi
Senior Member

Canada
371 Posts

Posted - June 05 2009 :  10:09:02  Show Profile
I think we should be mindful that there may be other intolerable situations for people around the world who may not be as fortunate as we are.

They may not be discriminated against or have a well founded fear based upon that discrimination, however, their quality of life is probably not much better than a "refugee". There are many places in this world where people suffer in extreme poverty or face honour killings and yet they may not qualify as a "refugee" under the law.

We should not be quick to judge all failed refugee claimants as people want to defraud the system, or who even understand or have access to how the "system" works.

As for the original poster, would the Canadian Experience Class be of any help?

Edited by - azadi on June 05 2009 10:13:30
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PMM
Top Member

Canada
3870 Posts

Posted - June 05 2009 :  15:58:00  Show Profile
Hi

quote:
Originally posted by azadi

I think we should be mindful that there may be other intolerable situations for people around the world who may not be as fortunate as we are.

They may not be discriminated against or have a well founded fear based upon that discrimination, however, their quality of life is probably not much better than a "refugee". There are many places in this world where people suffer in extreme poverty or face honour killings and yet they may not qualify as a "refugee" under the law.

We should not be quick to judge all failed refugee claimants as people want to defraud the system, or who even understand or have access to how the "system" works.

As for the original poster, would the Canadian Experience Class be of any help?



Not eligible, read the instructions.

PMM
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azadi
Senior Member

Canada
371 Posts

Posted - June 05 2009 :  17:36:03  Show Profile
Seeing as I've wasted my day chatting it up on immigration forums -- no offence intended -- I thought I might as well read up on the Canadian Experience Class.

So, it seems that unless the poster is able to graduate from a Canadian post secondary institution and have one year full time(or its equivalent) of work experience in a skilled work obtained in the past two years then he cannot qualify.

Based on what the poster said, it seems unlikely that he can obtain the required work experience and graduate at the same time.

The only point that was somewhat unclear is whether he would be considered a 'foreign graduate'. Presumably, he had a valid student visa during the time of his study, therefore, he had proper status during his studies, however, are refugee claimants considered "foreign graduates"?

Edited by - azadi on June 05 2009 17:40:02
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Erubu
Junior Member

Canada
72 Posts

Posted - June 05 2009 :  20:04:15  Show Profile
Hello all:

I think the person that did the original posting was ill informed as I think he had other options available to him than making the refugee claim. He has been in Canada as foreign student. I sure study permit did not provide him the status as Canadian PR or Citizen to qualify for reduced fees. Just my thought.

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jamal_23
New Member

Canada
4 Posts

Posted - June 05 2009 :  21:13:48  Show Profile
Feb7 : you dont know who i am and from where i came so you cant judge me .
azadi : i'm not eligide to be under Canadian class
PMM : thank you for the answers as usual .
Erubu : you got it if i'm international student ill pay 14100 per year and now i pay 5700 per year , but in the same time i have a big problem back home i cant tell it to the public that;s why i applied for refugee.
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rjessome
Top Member

Canada
1251 Posts

Posted - June 07 2009 :  11:16:12  Show Profile
Ok, my opinion may be a little unpopular but studying this Class has opened my eyes to a lot of things. First of all, we don't know the circumstances of this case. Mainly, refugees fall under the category of people persecuted due to reasons of race, religion, nationality, membership in a particular social group or political opinion. Even though they may be able to PROVE this point, they may be refused on many OTHER qualifying factors that can range from how they travelled to Canada (safe third country), internal flight alternative (ability to live in another part of their country), etc. This area of Immigration law is extremely complicated, applying international conventions, UN standards, Canadian law, human rights reports, etc. Again, we don't know ANY of the circumstances of this case. Canlii is full of cases of refugee claims and if you take a minute (or an hour) to read some of them, you will know they are not cut and dry. Also, contrary to popular belief, Canada accepts LESS than 1% of the world's refugees. It's NOT a big class.

jamal_23, if you are refused you may apply for judicial review if the IRB erred in law. You may also make an H&C application as well as Pre-Removal Risk Assessment depending on your reasons for refusal. You definitely need a lawyer. These options depend on your circumstances which, you are right, should NOT be posted in a public forum.

Edited by - rjessome on June 07 2009 11:24:47
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EveS
Senior Member

375 Posts

Posted - June 08 2009 :  20:55:50  Show Profile
If you filed a claim in January of 2009 you probably have about a year before your hearing, and the decision will come 3 months after that. If you don't agree you can file for a leave to the FCA, which will take anywhere from 5 months to a year. Once that is exhuasted they will issue your PRRA. How fast they issue that will depend upon the office you are dealing with and how much you hassle them. If you take all these steps you could be in Canada for 3 years. However, it is very expensive and probably not worth it, unless you are truly a refugee, and are in danger if you return home.

You'll also need a lawyer, if you plan on persuing the leave to FCA...but since you yourself dont' believe your claim will be accepted, you'd be better off not wasting your time, and you'll be packing your bags in about 1.5 years.
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sputnikx
Advanced Member

Canada
567 Posts

Posted - June 09 2009 :  12:45:47  Show Profile
I agree with EveS about the timelines. This will buy you some time but it also comes at a price of your departure order turning into a deportation order and as of now you won't be able to come back to Canada without and Authority to return to Canada, which is only be given to applicants in the spousal category.

The lawyer cases at the federal court and a H&C application and PRRA will cost you a few thousand dollars minimum and chances are close to zero to get those through.

To answer your original questions:

1) no, your workpermit will stay valid until you leave or are deported from Canada (as long as you renew it on time)

2) should be the same as for the workpermit but they will not care if you finish or not and if deported could execute the deportation order even one day before you graduate.

In any case I don't think you will have enough time to finish your studies before the IRB decision is in and even if you exhaust the federal court and PRRA options you will probably have a total timeline of not more than 2.5 years in total. I don't know from which country you are from originally but if there is any option of finishing the studies some other place I would not recommend to overstay the departure order (30 days after you receice the IRB decision) here in Canada or this will give you lots of troubles later on if you ever want to live in Canada at a later date since you will need an ARC.

good luck!
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huma
Average Member

Canada
120 Posts

Posted - June 11 2009 :  05:04:06  Show Profile
jamal always keep ur think positive.dont think negative .
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