Illegal immigrants fear deportation moved

General Law Enforcement discussion which does not fit into other channels. Post your thoughts and feelings about anything you want (LE related), or just vent those fumes about whatever is on your chest.
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gotchya
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Re: Illegal immigrants fear deportation moved

Postby gotchya » Sat Dec 31, 2011 1:37 am

smarmy_rebel wrote: I think we've talked about this on other threads, but obviously one of the biggest problems is the backlog of applications waiting to go through the RPD as that article discusses. It's easy to abuse the system because everyone knows it's a long process.

So by adding another level of appeal you're making the system more efficient? I'd note that the Immigration Appeal Division currently also has a growing caseload. The only true solution is to designate some countries as "safe" and limit access to refugee claims.


smarmy_rebel wrote:Furthermore, by the time cases are settled, they've established a life here, found a spouse and had kids.So now there's H&Cs.

Tartchinska v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 373 (QL) at para. 20 (F.C.T.D.)
[18] Furthermore, as Nadon J. stated in Tartchinska v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 373 (QL) at para. 20 (F.C.T.D.), self-sufficiency does not, in itself, guarantee or lead to a positive outcome in an H & C application without other factors; such, that refusal of the request would cause unusual or disproportionate hardship. The applicant, notwithstanding the fact that she worked honestly for several years in Canada, knowingly attempted to circumvent the system when she chose to remain in Canada after her refugee and DROC claims were refused and remained. The Immigration Officer rightly noted that the applicant's establishment in Canada was not due to a prolonged inability to leave.
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Re: Illegal immigrants fear deportation moved

Postby John014 » Mon Jan 02, 2012 10:09 am

I thought this thread was moved to the private side.
Let it die.
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Re: Illegal immigrants fear deportation moved

Postby smarmy_rebel » Mon Jan 02, 2012 11:36 am

gotchya wrote:
smarmy_rebel wrote: I think we've talked about this on other threads, but obviously one of the biggest problems is the backlog of applications waiting to go through the RPD as that article discusses. It's easy to abuse the system because everyone knows it's a long process.

So by adding another level of appeal you're making the system more efficient? I'd note that the Immigration Appeal Division currently also has a growing caseload. The only true solution is to designate some countries as "safe" and limit access to refugee claims.


How is it adding another level of appeal? It would replace the federal courts.

To me, it would be more logical to have the RAD focus exclusively on refugee appeals and get them out of the courts as was the original intention under IRPA.

Why send these decisions outside of the department to a federal judge? Presumably, it would work like the IAD, increase volume and speed things up.

smarmy_rebel wrote:Furthermore, by the time cases are settled, they've established a life here, found a spouse and had kids.So now there's H&Cs.

Tartchinska v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 373 (QL) at para. 20 (F.C.T.D.)
[18] Furthermore, as Nadon J. stated in Tartchinska v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 373 (QL) at para. 20 (F.C.T.D.), self-sufficiency does not, in itself, guarantee or lead to a positive outcome in an H & C application without other factors; such, that refusal of the request would cause unusual or disproportionate hardship. The applicant, notwithstanding the fact that she worked honestly for several years in Canada, knowingly attempted to circumvent the system when she chose to remain in Canada after her refugee and DROC claims were refused and remained. The Immigration Officer rightly noted that the applicant's establishment in Canada was not due to a prolonged inability to leave.


So what? This case law establishes that you can't base an H&C application solely on the fact that you can work and support yourself. What does that have to do with my assertion that having a Canadian family while you're waiting on a refugee decision is a valid consideration for an H&C application?

I suggest you crack open IP5 and start at around 5.10.

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Re: Illegal immigrants fear deportation moved

Postby gotchya » Mon Jan 02, 2012 12:01 pm

smarmy_rebel wrote:To me, it would be more logical to have the RAD focus exclusively on refugee appeals and get them out of the courts as was the original intention under IRPA.
Why send these decisions outside of the department to a federal judge? Presumably, it would work like the IAD, increase volume and speed things up.

Having RAD will not reduce the ability to appeal to the Federal Court. It will mean you have to apply to RAD before applying to the Federal Court. Any decision in Immigration is essentially reviewable by the Federal Court, and even Provincial Superior Courts in some cases.

IRPA wrote:72. (1) Judicial review by the Federal Court with respect to any matter — a decision, determination or order made, a measure taken or a question raised — under this Act is commenced by making an application for leave to the Court.
Application
(2) The following provisions govern an application under subsection (1):
(a) the application may not be made until any right of appeal that may be provided by this Act is exhausted;


Federal Court Act wrote:Extraordinary remedies, federal tribunals
18. (1) Subject to section 28, the Federal Court has exclusive original jurisdiction
(a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and
(b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.


smarmy_rebel wrote:So what? This case law establishes that you can't base an H&C application solely on the fact that you can work and support yourself. What does that have to do with my assertion that having a Canadian family while you're waiting on a refugee decision is a valid consideration for an H&C application?

Having Canadian kids and establishing yourself isn't sufficient for H&C alone. You have to prove that your removal would be impose "undeserved, disproportionate hardship" which are generally things not anticipated by the Act.
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Re: Illegal immigrants fear deportation moved

Postby El Conejo » Mon Jan 02, 2012 5:05 pm

John014 wrote:I thought this thread was moved to the private side.
Let it die.


It won't die because one nincompoop with private side access wants a chance to wave his giant "Jurisprudence-Wang" in the face of the nincompoop who doesn't have private access.

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Re: Illegal immigrants fear deportation moved

Postby Bubbles1993 » Mon Jan 02, 2012 6:42 pm

El Conejo wrote:It won't die because one nincompoop with private side access wants a chance to wave his giant "Jurisprudence-Wang" in the face of the nincompoop who doesn't have private access.


:lol:
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Re: Illegal immigrants fear deportation moved

Postby John014 » Tue Jan 03, 2012 7:20 pm

El Conejo wrote:
John014 wrote:I thought this thread was moved to the private side.
Let it die.


It won't die because one nincompoop with private side access wants a chance to wave his giant "Jurisprudence-Wang" in the face of the nincompoop who doesn't have private access.


Actually I believe they both do not have access to the private side.
The difference is that one works for us as a student, and the other pretends he/she is an officer with us but is not.

Both need to let it die.
If you choose Law Enforcement you LOSE the right to be unfit.

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Re: Illegal immigrants fear deportation moved

Postby SupahDuck » Tue Jan 03, 2012 9:22 pm

IrishCanadian wrote:Image


CVN 68 (USS Nimitz) doing a high-speed turn to port! Impressive..... most impressive!
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