Home > Articles > 2004 - 8

 
 Bruce Perreault, B.A., LL.B, K.H.S. is a graduate of The University of Montreal (Loyola College) and of McGill Law School.  He practiced law from 1975-1989.  For over twelve years his practice has been handling exclusively Immigration matters.  He is a member of CSIC and the Canadian Bar Association.

Dear Bruce: I have a serious problem. I came from Ghana 3 years ago. The lawyer I had at the time of processing my refugee claim was a Ghanaian. When I sent my story about the refugee claim to him, my lawyer convinced me to change my story. In fact my lawyer said my original story was not good enough. He helped me prepare this story, but when we went to the hearing before the refugee board, I was rejected. When I confronted my lawyer, he said he was sorry and for that reason I did not pay him any money for his services. Now, Bruce, I am in hot waters. What can I do? Can I begin my papers all over? Please advice.
Peter, Ontario

Dear Peter:
First, the fact that you went to a lawyer who was “Ghanaian” is irrelevant and discriminatory.  All lawyers in Ontario are Canadians and their ethic origins should not be mentioned, especially when you are alleging serious misconduct.  All men and women who are lawyers in Canada were trained here and should be treated equally.
You allege that your lawyer prepared a phony story so that it would increase your odds to win a Refugee Case.  This is “conduct unbecoming a Barrister or Solicitor” and such conduct should be reported to The Law Society of Upper Canada, Osgoode Hall, 130 Queen Street West, Toronto, Ontario M5H 2N6  c/o Complaints Services, Telephone  416-947-3300.  You will be contacted by the Law Society and the matter will be kept confidential.
Having disposed of the wayward lawyer’s conduct, your conduct is now in issue. You agreed and went along with the lawyer and, consequently, participated in this fraud on the Immigration and Refugee Board.  Obviously, they saw through your scam and rejected you.  You say you are now in “hot waters”.  Boiling waters would be a better description!  You cannot make another refugee claim.  Your only salvation, if any is allotted to you in this life, is to know more about your conduct and activities  since you have come to Canada three years ago.  Unfortunately, you give me no information on this and I cannot speculate in order to answer.  You should, however, consult a lawyer or licensed consultant immediately.  Incidentally, a lot of people refer to lawyers and consultants as “Lawyers”.  If the person who mislead you was, in fact, a Consultant you should send your complaint to the Canadian Society of Immigration Consultants at Canada Trust Tower, 161 Bay St, 27th Floor, Toronto, Ontario M5J 2S1  telephone 416-572-2800 and you will hear on  a confidential basis from them.

Dear Bruce: Thank you for your work with the Ghanaian Mirror. My question and problem is this: I have lived in Canada since 1983. I have been deported twice and I have succeeded in making my way back to Canada. The last time I was deported was in 1998 and I came back after a year of stay in Accra. Please, I have 3 children born here in Canada. At the moment, what can I do? I do not want to make another refugee claim. My former wife tried to sponsor me years ago, but it was not successful. I want to be with my kids. Please help me.

Nana Osei
Winnipeg, Manitoba

Dear Nana Osei:

It is nice to know that I have readers in Winnipeg and I thank you for your kind words.  Once again you, like most writers, give me very little information and I have to guess and read between the lines.  The more information provided, the better advice can be given.  I am going to assume that when you were first deported, you returned after the required time under the old Immigration Act and made a new refugee claim, which you lost.  You say you have three children.  Are you or were you married to their mother?  For the purposes of my answer, I will assume that you were and are now divorced.  I do not know the ages of the children.  I do not know if you support them (if you do not, you should be ashamed of yourself).  If one or more of the children is over 18 and is employed, they could sponsor you.  It would be best to do the sponsorship based on Humanitarian and Compassionate Grounds, provided you can show extenuating circumstances of why an Immigration Officer should grant you an exemption to allow your application for Permanent Residency to proceed from within Canada. However, one day your story will have a happy ending and you will be with your children.  Seek professional advice without delay.  Good luck!

Dear Bruce: I came to Canada in 1999 as an international student from Kenya together with my wife. Due to financial reasons, I dropped out of school for two years to work. Since then I have not been back to school. Please, is there a way for me to apply for landed immigrant status here in Canada?

David
Mississauga

Dear David,

 Many students such as yourself come from all over the world to study in Canada and a percentage of those, mostly through no fault of their own, are forced to drop out and, thereafter, remain in Canada illegally.  In your case, you give me no facts as to whether you are likely to succeed in an application for Permanent Residency based on Humanitarian and Compassionate reasons.  I can tell you that two caveats that would be against you are a criminal record and having taken welfare. If you are currently in receipt of social assistance, then the answer is a definite no.  Once again, you need to seek professional advice.  I would recommend that you see a competent lawyer or a member of CSIC for a consultation.  Some professionals charge for this, others do not.  However, in my opinion, you get what you pay for, so insure that you do not choose someone only on the grounds that the consultation is “free”.   It is your life and your future, so insure that you follow the instructions of whoever you choose and I hope one day you will be a good Canadian and able to contribute to this vast and wonderful country.