From the Toronto Star
Red tape tearing Toronto family apart
NOOR JAVED
STAFF REPORTER
Instead of looking forward to the New Year, the Wu-Chen family is dreading its arrival. In two weeks, Jin Ming Wu, a factory worker, will put his pregnant wife, Juan Yun Chen, and 10-month-old son on a plane to China â with no idea of when he will see them next.
Rest of the story here
I think CIC needs to be in charge of deportations and not border services.
Border Services should only be responsible for keeping people and goods out, not in charge of removing people.
Hope it will work out in the end for them, some how.
Quote from the article:
"So when Chen, whose flight is booked for Jan. 12, leaves the country, taking her Canadian son with her, the inland application will be cancelled. The $550 fee isn't refundable. Her husband will have to start the out-of-Canada sponsorship process, which could take 2 to 3 years, and cost hundreds more."
Where in the world are they getting that outland apps take 2 or 3 years. Maybe they used the wrong term, I dunno.
This story saddens me though. How could border services split apart this obviously harmless family, when they are taking steps to make her life in Canada legal?
Another thing, I always though if you left Canada while you had an inland application in process it does not necessarily void the application, but you are not guaranteed to be allowed back into the country to land so you may screw up your application, no?
"According to Miki, Chen came to Canada as an international student in 2002. She filed a refugee claim, citing the Chinese government's crackdown on practising Catholics in her province, and her affiliation with a thriving underground church. Her refugee claim was denied, as were subsequent appeals. She was asked to attend a preremoval assessment interview.
Once this interview is set up, immigration spokesperson Madona Mokbel said, an applicant is "removal ready" and any application that is put in place after the interview is generally ineffective."
She played the game and got caught.
I am saddened by the result but the original refugee claim is the problem.
JamesM Wrote:"According to Miki, Chen came to Canada as an international student in 2002. She filed a refugee claim, citing the Chinese government's crackdown on practising Catholics in her province, and her affiliation with a thriving underground church. Her refugee claim was denied, as were subsequent appeals. She was asked to attend a preremoval assessment interview.
Once this interview is set up, immigration spokesperson Madona Mokbel said, an applicant is "removal ready" and any application that is put in place after the interview is generally ineffective."
She played the game and got caught.
I am saddened by the result but the original refugee claim is the problem.
Sadly, I agree with you on this. My wife is Chinese. There are a very very very small portion of Chinese that are Catholic. They have official state run catholic churches, and there are a VERY small minority of Chinese who are in the underground church movement.
The timing of her refugee claim at the expiry of her student visa makes this quite suspect. The refugee claims are usually the same too, Falung Gong or Catholicism. This is not a new trick. I watched an undercover reporter posing as a prospective immigrant go to an unscrupulous Chinese consultant in Toronto. The consultant advised the reporter to join a Catholic or Falun Gong club and make a bogus refugee claim based on this. This is not to say her marriage is invalid. That is not the issue. It is a shame a child is involved in this. If they go through BeiJing, the sponsorship will be done in a couple of months, it is one of the world's fastest.
I also agree that CBSA should not be able to act on spouses who are in process like this. Awful. I feel sick for both of them. Women don't get treated very well in China.
The consequences in a case like this are indeed heartrending, but one should not blame CIC or CBSA . . . her deportation process apparently began before the marriage, definitely before the sponsored inland app for PR, and appears to be a routine process following the denial of a refugee claim. While a separate review process may be warranted for these kinds of cases, it is not feasible to allow a general suspension of the deportation process simply because rejected refugee claimants file new applications seeking status under another class.
Bottom line, she knew she was facing deportation when she married/got pregnant, so most of the responsibility for how difficult it is now rests on her shoulders. I don't think she should be punished, and indeed, I agree, an accelerated review process along the lines of an H & C review to assess whether the deportation process should be suspended pending the outcome of the sponsored PR application is a good idea. Not cheap for the government. Another diversion where things can go wrong. But the humane thing to do. But the gov't can't just drop deportation proceedings every time someone tries a new avenue for gaining status.
ktn048, you are correct--leaving the country doesn't automatically cancel an inland application, it's just a risk to leave because there isn't a guarantee one can get back in the country.
Ah I understand now. I didn't know the reason her refugee application was denied. I suppose if she tried to trick the gov't she got what was coming to her. Still, she has children who are Canadian citizens and I think she should be considered for permanent residence.
Nobody is forcing the child to leave as he is a Canadian citizen
She is being considered for PR, she just won't be able to return to land if approved
ktn048 Wrote:Ah I understand now. I didn't know the reason her refugee application was denied. I suppose if she tried to trick the gov't she got what was coming to her. Still, she has children who are Canadian citizens and I think she should be considered for permanent residence.
Yeah DerbyGirl, the whole fact that her child is a Canadian makes me wonder why she is bringing him back to China. If she is worried about the Chinese laws concerning children why wouldn't she leave him with his father? I realize it might be difficult to be separated but the kid might be better off.
Ok, now the whole thing just seems really screwy to me. Funny how my opinion changes so quickly! :P
ktn048 Wrote:Yeah DerbyGirl, the whole fact that her child is a Canadian makes me wonder why she is bringing him back to China. If she is worried about the Chinese laws concerning children why wouldn't she leave him with his father?
They wouldn't do anything to the baby, but depending on where she is from they may force her to have a tubal ligation so she can never have children again. The danger is to her. Also on the outside chance that she really does belong to this underground church, the Chinese government may put her in a "re-education" through labor camp. Outside chance, but the probability is not zero.
My wife's aunt had more than one kid and they have to hide their daughter with their grandparents on occasion. As well since the baby is Canadian, he will not be considered a citizen of China, and she may have trouble obtaining some services for him.
Definitely a candidate for H + C.
Lots of people are H&C candidates - doesn't mean they are going to get it though
My guess is - because she/they went to the media, the deportation order will be stayed. This is only the first deportation order so - I don't see much happening with it
Remember this guy?
mr_without_his_mrs Wrote:They wouldn't do anything to the baby, but depending on where she is from they may force her to have a tubal ligation so she can never have children again. The danger is to her. Also on the outside chance that she really does belong to this underground church, the Chinese government may put her in a "re-education" through labor camp. Outside chance, but the probability is not zero.
My wife's aunt had more than one kid and they have to hide their daughter with their grandparents on occasion. As well since the baby is Canadian, he will not be considered a citizen of China, and she may have trouble obtaining some services for him.
Definitely a candidate for H + C.
She needs to move into the basement of her church until her inland is finished. Her outland might take longer because of being a failed refugee.
Probably doesn't even have to do that - there are lots of people who just don't show up at the airport - and it's still years later
CatherineM Wrote:She needs to move into the basement of her church until her inland is finished. Her outland might take longer because of being a failed refugee.
DerbyGirl Wrote:Probably doesn't even have to do that - there are lots of people who just don't show up at the airport - and it's still years later
But then she runs the risk of CBSA kicking down her front door while she's eating dinner and dragging her kicking and screaming to the airport. Worse yet, they grab her off the street while she's out buying groceries and don't tell the husband until she's on the plane until days later, without the baby.
