Why Hire Experienced Counsel Who Cares?
If any IRCC Officer even implies that you may be inadmissible to Canada, you need to retain experienced Immigration Counsel to represent you who will really care about your situation.
A Pakistani woman (Ms. Y) who was being abused by her spouse ran to the Police in Pakistan for protection and they did nothing. The abuse got so bad that she took her two daughters to Canada to register an asylum claim to have Canada protect her. The abusive husband/father followed her to Canada and caused problems before returning to Pakistan.
18 months after arriving in Canada she filed for divorce and sought sole custody of her children.
Only then did the abusive husband/father contact CBSA via email and accuse his wife of ABDUCTING his daughters. He didn’t even retain Counsel to argue the divorce of sole custody application in Family Court. He was very rich and could easily afford Legal Counsel but chose to only use social media to control the mother of his children. He didn’t even report her to the authourities in Pakistan alledging his daughters had been abducted.
(Ms. Y) hired Legal Counsel to represent her Refugee claim at the (RPD) Refugee Protection Division and due to the abduction allegation the aslum claim went back and forth between the (RPD) and the Refugee Appeal Division (RAD)and Federal Court (DOJ) for years. This cost her tens of thousands of dollars with no end in sight to her dilema.
LOVE WILL FIND A WAY!
(Ms. Y) met and married a Canadian gentlemen. He retained us to submit a spousal sponsorship application even though IRCC Officers believed she was in violation of IRPA A 36 (1) (c)
A36 (1) (c) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
I just kept looking at this section of the Immigration Act and focused on this phrase “that is an offence in the place where it was committed “ and then I found a Legal opinion from Pakistan that parental kidnapping of their own children is not a criminal offence in Pakistan, rather treated as a family law matter. Since Pakistan Law did not consider her actions as SERIOUS CRIMINALITY she should not be in violation of the IRPA Immgration and Refugee Prtotection Act.
Even though one Immigration Officer at Etobicoke IRCC Office found the marriage to be genuine another Officer stuck to the false belief that (Ms. Y) was still inadmissible due to being in violation of A36 (1) (c) We just kept submitting more and more evidence regarding the two daughters attempting to prove there was plenty of compassionate reasons to grant landing of the applicants. We focused on the best interest of the children invoilved and how they had bonded with their step-father. How the kids grandparents had bonded with their daughters new husband. This was such a contentous case and we were going to run to the media to expose Immigration Officers intransigent position regarding A 36 (1) (c)
After about five years in Canada I felt strongly that these two girls should be able to plan for their future because they now were more Canadian then Pakistani.
