All too often we hear in the media about how immigrants are taking away jobs from Canadians; how Refugees are entering Canada in droves and benefiting from Canada’s social systems; how it is so “easy to get into and stay in Canada”. Well the reality is that many of these so-called “illegal aliens” are major contributors to Canada, socially and economically. However, the immigration system often makes life unbearable for many talented individuals who frankly Canada could really use. Below is a real email about a real life story of someone who, in addition to dealing with the day-to-day challenges we all face ,  has to cope with what is often a callous and unjust immigration system.

“Mr. Niren

I am  having a terrible time with Canada Immigration and now I am due to be deported.  The date was set for my deportation but  but 20 minutes later I received a call from an immigration agent at the CBSA and he told me that they made a mistake and my plane ticket is no longer valid. I have not received a call back from them yet.  I have been in Canada for  20 years, worked, paid taxes in Montreal. After my Refugee claim was denied, I waited two years at the same apartment and never got the PRRA form.  I now live in Ontario where I filed a Humanitarian and Compassionate application which has been in process for 2 years.  I have two brothers living in Montreal and my father –all are legal in Canada. I do not want to go back to my home counrty, the Commonwealth of Dominica. I haven’t been there since I was 16 years old. I have nobody  back home.  What is your advice? I’ve even written to the Immigration Minister.”

At our office, this heartbreaking story plays out over and over again. All this person wants is a chance to live and work in Canada. Despite his lack of status, he has held down a job and paid his taxes. I guess this is too much to ask.

Q.  My family intends to apply for Permanent Residence and we are deciding whether or not we should hire an immigration lawyer to represent us. What are the pros and cons?

_____________________

A.  The question as to whether to retain the services of an immigration lawyer to help you with your immigration or visa application is of course a personal one. However, having being involved with thousands of immigration and visa applications over the years, I can tell you that all to many applications are refused, delayed and mishandled by just about everyone involved in the process from the government authorities to the applicants themselves.

The role of an immigration lawyer as I see it is to facilitate the immigration application process to its conclusion, making the procedure as “painless” as possible. Further where an immigration or visa application is refused, the lawyer should vigorously fight for his or her client’s rights where there is a chance to overturn the decision on appeal.

Moving to or working in another country is a major and sometimes life changing decision. Getting it right is obviously important. In a perfect world, it would be nice to just fill out a form, submit it and wait for your Visa. The immigration system is, unfortunately, far from perfect–despite what you may be lead to believe.

Even Citizenship and Immigration Canada (CIC) itself sadly contributes to the “myth” of easy access. The first page of their website discusses the need to hire legal counsel for the immigration process. Their message is beware of fraud and that special treatment will not be given to you just because you hired a lawyer.

While it is true that applicants should be careful about who they hire to represent them and to always check their representative’s credentials, hiring a competent immigration lawyer certainly helps more than hurts! I think CIC is doing a disservice to applicants and their families by skewing the message here. In fairness, CIC should also publish their immigration refusal rates on their home page which would reveal the real picture.  Many of our cases deal with immigration application refusals from people who decided to go it alone thinking that the government is on their side; that all they have to do is follow the instructions on the website or application kit and pay a filing fee. Again we do not live in a perfect world. Application decisions are made by real people not computers.

The message here is hiring an immigration lawyer is up to you. But all told, the pros in doing so certainly outweigh the cons.

I applied twice for a Canadian work visa complete with all the required documents and papers like valid LMO (Labour Market Opinion) approval and job offer from a prospective employer situated in Alberta. However my application for a work permit was refused twice for the sole reason that I did not demonstrate sufficient ties that would satisfy Canada Immigration of my intention to return to my home country.

I am confused why such an unfair judgment when in fact I have no criminal record here in my country of origin and I answered truthfully the application form for work permit and my only intention is just to work for two years and I will return home immediately after the contract expires. my only intention is to work. hope you can be of help.

_____________

Refusals for Temporary Resident Visas such as Work Permits and Study Permits are common when an immigration officer is not satisfied that the applicant has demonstrated sufficient ties to their home country. Remember work permits are tempoary by nature and as such  it is important to show that once your work permit expires you will leave Canada. Just stating this information in an application is usually not enough. Rather as part of the application package, you should include documents showing your ties to Canada such as family, property and employment etc. Having two refusals makes things more difficult. In this case, it would be best to hire an immigration lawyer to represent you for a third try.

Roohi Tabassum, a Pakistani National, has received a temporary suspension of deportation from the Federal Court of Canada on grounds that she would suffer irreparable harm if she was removed from Canada. In 2001, Ms. Tabassum came to Canada from the US and filed a refugee claim that was refused by the Immigration and Refugee Board. Since that time, however, Ms. Tabassum had successfully established a life for herself as a hairdresser in Mississauga, Ontario.

After her refugee claim was dismissed, Ms. Tabassum was eligible to apply for a Pre Removal Risk Assessment or a PRRA which, like her Refugee Claim, was refused. Fortunately for her, the Federal Court saw things different and considered letters she submitted from her husband and his relatives stating she would be killed if he returned to Pakistan. The letters purportedly stated that she “dishonored” the family by touching men’s hair. Obviously an occupational hazard in the eyes of these family members.

The Canadian Border Services Agency (CBSA) will reconsider her PRRA and we will see whether Ms. Tabassum will be able to remain in Canada.

This case shows that it is important to avail one self of all legal avenues open to people facing persecution. Ms. Tabassum originally came to Canada and made a refugee claim. Once that failed, she then applied for a Pre-Removal Risk Assessment to the CBSA. Once that failed, she with her lawyer, applied for a Federal Court Stay to suspend her removal order. The point here is that for some people, its a fight to stay and remain in Canada. But to win the battle, you have to know your legal options.

President Barack Obama’s aunt, Zeituni Onyango, attended the first immigration hearing regarding  her appeal against deportation to home in Kenya.  She was given until February of 2010 to appear in court with her legal arguments on why she should be allowed to remain in the United States.

Ms. Onyango had applied for US political asylum in 2002. However, she received a deportation order in 2004  but remained living in the US in  a public housing project in Massachusetts.

According to a news report “The proceedings were closed to the press, but Fatimah Mateen, a court spokesperson, gave short briefing after the hearing. The decision as to Ms. Onyango’s request to stay permanently in the United States will be made during a second hearing,” she is quoted by the Boston Globe as saying.

The President, who called her “Aunti Zeituni” in his book “Dreams from My Father,” has said that he was unaware that she was living illegally in the United States.

It is not unusual for an immigration judge to adjourn proceedings for many months given busy court schedules. Any speculation that Ms. Onyango is receiving special treatment as a result of her connection to the President should be kept in check, at least until a final decision is rendered on her deportation appeal.

American war resister, Dean Walcott, who has been denied his application for Canadian permanent residence based on Humanitarian and Compassionate grounds told reporters that he has been ordered to leave.  Walcott, an Iraq war dodger who has been living in Toronto for two years, said that Canada’s immigration officials have ordered him to leave Canada or face deportation.

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