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mike_bastedo
New Member
Canada
5 Posts |
 Posted - October 27 2009 : 20:24:36
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Hi,
don't know if I'm at the right place, I googled this forum and it seems right on the money. One of my buddies from work (temp) asked me nicely to get him some info, if I can, about his case. He was a refugee here in Canada and now they've asked him to leave the country but he's affraid that once he leaves he will not be able to come back (supposedly that's what his Hungarian friends told him). I told him it doesn't make any sense, why would they not let somebody in just because of that, he's not a criminal (very nice guy actually). Also, he has a 3 y.o. daughter with some lady here as well, so that should count for something. Right?
So can somebody verify this? He says some of his Hungarian friends were sent back to Hungary from Pearson when they tried to enter only because they were refugees a couple years ago. Seems ridiculous to me.
Thanks,
Mike |
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mitamata
Advanced Member
Slovenia
775 Posts |
Posted - October 27 2009 : 20:46:47
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The IO at the border has the right to refuse entry to someone they believe intends to stay in Canada longer than allowed.
He has already made it clear he wished to stay in Canada permanently (I take it his refugee application was refused?). That along with the fact that he has a child in Canada would suggest to the IO that he has no intention of leaving Canada after 6 months. So yes, he could be denied entry. It doesn't mean he will definitely be denied entry, but the odds are not in his favor.
If he's been asked to leave, he should do so. Not complying can mean much more trouble for him down the road. |
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mike_bastedo
New Member
Canada
5 Posts |
Posted - October 28 2009 : 13:05:10
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Mitamata, thanks for the reply.
So even if he doesn't require a visitor's visa and he doesn't screw up with the immigration he could still be denied entry? Wow! He cannot visit his own child? |
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gggomez
Junior Member
Canada
87 Posts |
Posted - October 28 2009 : 14:18:04
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| you better get him to check out his rights first before he just ups and leaves. I have seen lots of info on the forums here that suggest that being denied refugee status is not the end of the road. He can appeal and appeals take long time and if I understand it correctly he may have the right to stay in canada while appealing. Now don't take my word alone for this but check with some more people that know more. |
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mfeq
Average Member
127 Posts |
Posted - October 28 2009 : 19:19:32
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My husband was a failed refugee claimant and was ordered for removal recently while we were waiting for the first stage approval (AIP) of our spousal sponsorship. Unfortunately for us, we received his PRRA notice before I sponsored him so he was still subject for removal unless we received AIP before the PRRA decision came through. PRRA decision is the end of the line for failed refugee claimants in Canada.
Our worst fear happened when the negative PRRA decision came through before receiving AIP so we got organized for my husband to go back to his country while I re-group to do the sponsorship all over again by outland. Luckily for us though, before his date of removal, CIC contacted us and gave us AIP.
Having Canadian relations do not provide automatic right for people to remain in Canada. My only advice is for your friend to comply with all of the immigration requirements so that he may have better chances of re-entering and hopefully permanently coming back to Canada in the near future. Good luck to your friend. |
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mike_bastedo
New Member
Canada
5 Posts |
Posted - October 29 2009 : 22:02:59
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Thanks for all the replies,
but what I wanted to confirm is what "mitamata" said, that once you leave Canada as a refugee there's no turning back. I don't know it seems odd to me that they wouldn't let him back in. HE DIDN"T COMMIT ANY CRIME, HE"S JUST A REGULAR JOE JUST LIKE YOU AND ME. One thing I can say is that if this is right he's gonna be very disappointed not to be able to see his daughter.
Mike |
Edited by - mike_bastedo on October 29 2009 22:03:56 |
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ariell
Advanced Member
Canada
759 Posts |
Posted - October 29 2009 : 23:13:59
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| Well you need to find out what exactly 'asking him to leave' means. Does he have a departure order? That means he's given 30 days to leave. Or does he have a deportation order? That means yes, he would be barred from returning to Canada unless he has written permission from CBSA. You can read more details here: http://www.irb-cisr.gc.ca/Eng/brdcom/publications/oveape/Pages/index.aspx but I would suggest that your friend contact a lawyer before making any decisions. |
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sputnikx
Advanced Member
Canada
567 Posts |
Posted - October 29 2009 : 23:14:19
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hi mike,
the issue is not really his refugee claim, but rather his overstay. Once you claim for refugee, CIC issues a departure order (which is a removal order) and comes into effect the second your case is refused at the IRB. Once in effect you only have 30 days to leave Canada on your own and you have to confirm departure with the CBSA.
Almost all refugees pass this 30 day deadline and their departure order becomes by law a deportation order and sooner or later will be deported. Once a deportation order is full filled the subject has a lifetime ban on entering Canada and needs an Authorization to return to Canada (ARC).
Currently ARCs are almost uniquely issued for applicants in the spousal sponsorship category and they can take a long time.
The only way I can see your friend returning to Canada to see his daughter would be through a sponsorship by his spouse (in case they are actually a couple).
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feb7
Top Member
Canada
2105 Posts |
Posted - October 30 2009 : 03:26:59
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No, he's not a criminal - but he's already shown he wants to stay in Canada (as was pointed out)
There's nothing that would be stopping him from coming back to Canada & filing another refugee claim, get denied, leave - come back - file a refugee claim, etc, etc - see what we mean?
Anyone except for a citizen, PR or status Indian can be denied entry to Canada. Foreign nationals have no "right" to enter Canada. It's always at the discretion of the border agent and whether s/he thinks that the person will leave when they say they are going to, not pose a threat to Canada, has money to support themselves, and so on
quote:
Originally posted by mike_bastedo
Thanks for all the replies,
but what I wanted to confirm is what "mitamata" said, that once you leave Canada as a refugee there's no turning back. I don't know it seems odd to me that they wouldn't let him back in. HE DIDN"T COMMIT ANY CRIME, HE"S JUST A REGULAR JOE JUST LIKE YOU AND ME. One thing I can say is that if this is right he's gonna be very disappointed not to be able to see his daughter.
Mike
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mike_bastedo
New Member
Canada
5 Posts |
Posted - November 08 2009 : 22:52:31
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Ok, I finally got to the bottom of this (sorry for the delay). Apparently, he is not under any removal/deportation proceedings (obviously, he is still employed in my warehouse) BUT about a month ago he was asked to submit a "PRRA" application by immigration (what mfeq mentioned). So basically he did not screw up just yet, he is doing everything they ask(ed) him to and not avoiding his responsibilities as a refugee. But I guess by all these stories from his so-called "friends", he started to panic that after he leaves LEGALLY he won't be able to re-enter Canada as a visitor and subsequently see his daughter. He just wanted me to double check "the facts" for him cuz he's english is not so fluent (actually it's horrible  but funny in a way 
Does this clarifies a bit?
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sputnikx
Advanced Member
Canada
567 Posts |
Posted - November 10 2009 : 23:47:04
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if he got a PRRA he is in pre-removal procedures, which means he has a removal order against him (which by now should be a deportation order). Once the PRRA is assessed (99.99% end in a deportation) he will be asked to leave Canada and he will not be allowed to re-enter Canada without permission from a senior officer (the ARC)
** see my last post for the details about the deportation order
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mike_bastedo
New Member
Canada
5 Posts |
Posted - November 16 2009 : 22:52:14
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Thanks Sputnikx,
so what are the chances for him to obtain authorization after he leaves/deported (without his gf sponsoring him, just to see his daughter)? Under his curcimstances? In reality I mean. |
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sputnikx
Advanced Member
Canada
567 Posts |
Posted - November 21 2009 : 00:35:49
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I would say not very high for visiting, but this depends on the embassy which is in charge of his home country.
From what I have seen lately only sponsored spouses and people attending funerals or have dieing family members receive an ARC.
He could always try a Humanitarian application from outside (once PRRA is asked, it's too late to ask for this from within Canada), arguing, that his return to Canada would be in the best interest of a child directly involved.
Honestly, since they seem to be a couple I would suggest to get married and then have his spouse sponsor him - that would be his best chances and some embassies are quite fast with the ARC.
What's his home country? |
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Refused entry because of being a refugee
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