PREVIOUS COUNSELS FAULT!
From my days as a former Hearings and Appeals Officer I cringe every time a potential client says “it was my previous Counsels fault”! What is worse is when a sponsor claims his or her spouse got refused after their spousal interview by saying “it was the interpreters fault”!
All immigration representatives know that sooner or later a former client will blame them for something because most people are unwilling to accept any blame when things go wrong. I listen quietly to what the new client thinks went wrong with their application caused by their previous Counsel then disregard most and move on trying to find solutions.
I have lost count on how many Spousal Appeals I’ve been retained for when the appellant tells me it was the interpreters fault. When the Ministers evidence arrives and the notes show their spouse was asked twice if they understood the interpreter and they said “YES”!
Immigration Lawyers like to blame previous Counsel’s so they can run to the Federal court and seek a solution. Some times it works, most times it doesn’t!
I have two situations when I was blamed by new Counsel for messing up a clients file that went to Federal court. Been their, had it down to me. The first case took six years to finally end. The second was super fast but nasty.
I was called and asked what do I charge to assist with a Pre Removal Risk Assessment (PRRA) interview to happen the following day. I met the new client at the removal unit in Mississauaga the next day who told me her name was Hui CHEN. I asked her when she had lost her asylum claim, she answered and said she lost her claim because her previous Counsel did not advise her correctly. I then asked if she had appealed to the Federal court and she said she lost that in August. I then asked her if CBSA had a valid passport for her and she said no. I told her to relax that they would not be issuing her a PRRA because she was not removal ready. This CBSA appointment was the first week of September so I asked did she lose her Fed. Crt. application the previous year or two years ago. She informed me two and a half weeks ago.
WHAT??? Her CBSA appointment letter was dated two weeks ago! In (four business days) the negative Fed. Crt. decision went back to the IRB and the IRB had sent the file to CBSA in Mississauga who had called her in for a PRRA interview! SURPRISE the CBSA Officer instructed her to fill out an application for a Chinese passport all written in Chinese.
The former client had made a refugee claim claiming she was a Falun Gong practitioner from China. The IRB had found that all six identity documents this claimant had submitted were deemed (non-genuine)! I questioned this client by asking did not both of your previous Immigration Lawyers try to get you valid identity documents? Can not your parents get you valid identity documents? yes we tried and can’t get any ID documents. She had plenty of evidence that she in deed was a Falun Gong practitioner including attending demonstrations in Toronto. I found new evidence as to how Falun Gong practitioners are being persecuted in China at that time which I submitted. I asked TWO additional question.
If the IRB found that there was NO evidence she was a Chinese national why was CBSA attempting to remove her to China?
Since the IRB says there is NO evidence she is a Chinese national should her PRRA not be assessed to all countries that persecute Falun Gong practitioners?
Six months passed and we were called out to the Removals Unit to get the PRRA Officers decision. It was a negative decision yet the CBSA Officer asked the client to fill out another Chinese passport application. I asked what happened to the previous application and she replied “None of your business! The client was taking more than forty minutes to complete a one page PPT application form. I told her to hurry up because if her previous Counsels and her parents could not get a passport for her CBSA would have no success.
She wispered “I have a question?” I told her to just sign and we will talk outside.
When we got outside she said “WHAT IF MY REAL NAME IS NOT HUI CHEN”?
I flipped out. I said to her, You made an In-Land Refugee claim in Vancouver. You told your first two Lawyers your real name is Hui CHEN. You got me to submit a PRRA that your real name is Hui CHEN! You lied to all three of your Counsels, GET AWAY FROM ME!
A few days later I was contacted by another Immigration Lawyer on behalf of this client. She urgently wanted a copy of my submissions for Hui CHEN’s PRRA application. She informed me that she was going to file a Federal Court application on behalf of this client. Iasked that Lawyer if she knew her new clients real name is not Hui CHEN, her reply was “YES”! Why are you going to Fed. Crt. when you know she is not Hui CHEN, reply BUSINESS!
