这案子,加拿大移民官员/记者理不清了;你怎么看?(更新:移民部长特批,男孩将先持TRV来加拿大,然后办PR)

  • 主题发起人 主题发起人 ccc
  • 开始时间 开始时间
做为小娃妈,我怎么就是同情不起来这对父母呢?
整个case,完全是自己Mess up。前两年还有人blame他们的律师,come on,娃爹好像是英国受教育的Engineer(If my memory severs me right)。
要是小土豆干预这件事情,批准娃移民加拿大的话,其实也就是告诉大家,加拿大的法规就是一摆设,我们在任何政府文件上的签字也是可以反悔的。
真要是在乎孩子的话,父母在加拿大怎么可能待的住???
我还真是同情这娃...
如果签字是可以反悔的,那么做伪证就是可以原谅的,在自由党的统治下加拿大也不再需要法律 !瓯卖糕的,REAL CHANGE!
 
递交申请的时候孩子已经出生。哈!
村长,您老怎么就是这么幸灾乐祸呀?看笑话很好玩吗?
同样一篇文章,我看到的是
1》他们听从的是移民顾问的建议,先去加拿大安置好后再申请孩子去,他们听了这个建议
2》移民部拒绝的理由是:"it appears that the child never resided with his parents and has continuously resided with his grandparents... [and is] living in an environment which was culturally and linguistically familiar to him, among people who had cared for him since birth."
3》"Ms. Bajaj never signed any declaration which stated that her child would remain in India with his grandparents. There is no word 'grandparents', 'India' in declaration that we signed. We challenge the CIC to prove what it has claimed. If needed we will reveal the declaration the copy of which we have in our possession,"
 
我还是那个疑问,CBSA怎么知道他们有孩子的

我猜测这样的对话

CBSA:本来就是随便问一句,有没有accompanying child啊
FSW:没呢,我们孩子在印度没来
CBSA:啊,你们有孩子?ecas没有相关信息啊
CBSA:开始打字查询具体的资料了
一般CIC信上有
You must notify CIC of any changes to your application. Examples of changes include:
Changes in your personal circumstances, such as birth or adoption of a child, a marriage or a divorce.

其实这个时候就开始怀疑申请的真实性了
5个小时很可能大部分时间是在调查,不一定是questioning
移民官失职!这种人当时就该拒绝入境,理由是材料不实!
 
移民官失职!这种人当时就该拒绝入境,理由是材料不实!

同意!

我好像说过,拒绝他们登陆,遣返。
 
估计人家不愿意

按照我的看法,他现在还不是公民,那总理的a Canadian is a Canadian is a canadian说法还用不上。

他目前的情况对于取消移民,用工签留加拿大,然后用快速通道其实是完全可以的,应该比跟移民部打官司更快也更有意义。不管是从维护个人利益孩子团聚人权保护和法律尊严都说得过去。按照道理说,也可以有人要求剥夺移民权利直接出国境
 
其实我有个很黑暗的想法,但是我希望不是真的
CBSA在登陆的时候怎么得知他们有个孩子的
这个我想过,可能是他们过关的时候填什么材料,自己往上写的?
 


Published on Dec 27, 2014
'Crying every day': Immigration application error strands couple's son in India
A couple from India with permanent resident status is fighting to change Canada's immigration laws after being separated from their three-year-old son over what they describe as an application error.
 
我还是那个疑问,CBSA怎么知道他们有孩子的

我猜测这样的对话

CBSA:本来就是随便问一句,有没有accompanying child啊
FSW:没呢,我们孩子在印度没来
CBSA:啊,你们有孩子?ecas没有相关信息啊
CBSA:开始打字查询具体的资料了
一般CIC信上有
You must notify CIC of any changes to your application. Examples of changes include:
Changes in your personal circumstances, such as birth or adoption of a child, a marriage or a divorce.

其实这个时候就开始怀疑申请的真实性了
5个小时很可能大部分时间是在调查,不一定是questioning

这个我想过,可能是他们过关的时候填什么材料,自己往上写的?

登陆的时候问出来的:

"It was only when she arrived in Canada in January 2013, and was interviewed by an officer, that she revealed that she had a son," reads the statement from spokeswoman Mary Jago.
 
村长,您老怎么就是这么幸灾乐祸呀?看笑话很好玩吗?
同样一篇文章,我看到的是
1》他们听从的是移民顾问的建议,先去加拿大安置好后再申请孩子去,他们听了这个建议
2》移民部拒绝的理由是:"it appears that the child never resided with his parents and has continuously resided with his grandparents... [and is] living in an environment which was culturally and linguistically familiar to him, among people who had cared for him since birth."
3》"Ms. Bajaj never signed any declaration which stated that her child would remain in India with his grandparents. There is no word 'grandparents', 'India' in declaration that we signed. We challenge the CIC to prove what it has claimed. If needed we will reveal the declaration the copy of which we have in our possession,"

同样一篇文章,我看到的是:

Citizenship and Immigration Canada said Bhavna Bajaj repeatedly failed to disclose that she had a son, Daksh, before she came to Ottawa. The department said that after she arrived, she signed a document saying her son would continue to live with his grandparents in India.

Bajaj and her husband, Aman Sood, say they're fighting to change Canada's immigration laws after being separated from their son over what they have described as an application error.

The couple applied for permanent residency in 2011 when Bajaj was pregnant, they told CBC News. An immigration consultant had told them to head to Canada and sponsor their son after they arrived, they said.

In an emailed statement sent to CBC News on Monday, Citizenship and Immigration Canada said there was no mention of the son in Bajaj's 2011 application, even though he was born before the department received it in August 2011.

Son's existence not revealed until 2013, CIC says
Bajaj also didn't mention the baby at a medical exam in March 2012, or any time before her application was accepted in April 2012, the department said.

"It was only when she arrived in Canada in January 2013, and was interviewed by an officer, that she revealed that she had a son," reads the statement from spokeswoman Mary Jago.

Citizenship and Immigration Canada also said Bajaj decided not to add the child to her application in January 2013, and that Bajaj "stated that the child would remain in India with his grandparents and signed a solemn declaration to support this statement."
 
Family of Indian boy separated from parents receives good and bad news (with video)
Hugh Adami, Ottawa Citizen
More from Hugh Adami, Ottawa Citizen

Published on: February 5, 2015 | Last Updated: February 11, 2015 9:34 AM EST

Things were beginning to look up for Daksh Sood, a 3 1/2-year-old boy stuck in India while his parents, permanent residents in Canada since early 2013, keep trying to convince Immigration authorities to allow their son to move in Canada on humanitarian and compassionate grounds.

An online petition was posted on change.org after Matthew Behrens of Perth read the Public Citizen’s story about the plight of Daksh’s mother, Bhavna Bajaj, and father, Aman Sood. The petition, posted Jan. 25, has so far garnered support from about 6,400 people in Canada and countries around the world. It is hoped the petition and comments left on it by supporters will help sway Citizenship and Immigration Minister Chris Alexander into action.

And on Jan. 29, the couple was informed by Immigration’s case management branch that it had received an email that Baja and Sood sent in November to authorities whom they thought could them, including Ottawa West-Nepean MP John Baird. The message eventually found its way to Immigration, probably through Baird’s office. The Jan. 29 response said the department would try to get back to them in 30 business days with a reply.

A subsequent email from Immigration, however, suggests the department could be mighty mixed up about the case.

That message, which arrived Tuesday, explained that as the matter was now before the Federal Court, case management was not in a position to discuss the case until the court dealt with it.

The case is not before the court. The court rejected a request to review it on Dec. 13, without explanation.

daksh-sood-pictured-chats-to-his-parents-over-the-phone.jpg

Daksh Sood chats with his parents by phone daily. Julie Oliver / Ottawa Citizen

The couple’s new immigration lawyer, Hadayt Nazami, who works out of Toronto, can’t believe that Immigration was not aware of the Federal Court’s decision. If it was up to speed, he says, case management officials could end the small family’s ordeal almost immediately.

“Because of the discretionary nature of immigration law, both (Chris Alexander) or the case management board can decide (this matter) by snapping their fingers.”

If it isn’t resolved by the government, Nazami says he will likely need to use the federal Access to Information Act to be able to acquire Immigration’s records before he knows exactly how to proceed.

One possibility to try to get Daksh into the country is with a temporary resident permit, and then working on permanent status once he is here. But a spokeswoman for the department says the parents “can re-apply to sponsor their child for permanent residence and include information to consider on humanitarian and compassionate grounds since the child is ineligible to be sponsored.”

That statement appears to be totally contradictory. The couple’s troubles with Immigration started when they failed to disclose they had a young son and their intentions to sponsor him before they left India for Canada in January 2013. Bajaj and Sood applied for permanent residency when Daksh was not yet born. They say they raised their son’s birth with their immigration consultant before they left, but were told to apply to sponsor the child once they arrived here.

Instead, they got a horrible surprise when they landed in Montreal. Not only would they not be able to bring Daksh to Canada once they settled in Ottawa, they were being threatened with immediate deportation unless they signed a document that they would never attempt to sponsor him for permanent residency. They say they signed the document in haste and confusion.

Daksh continues to live with his paternal grandparents in India, and the couple communicates regularly with him through Skype.

“It’s insane, the type of stuff that we see,” Nazami says.

“Children, by law, are considered a priority, (but) you don’t know what kind of decision-maker you get,” says Nazami. “I don’t know if they sit down and really think about these cases when you have kids involved, and exercise positive discretion.

“But at the end of the day, my opinion is all of it is irrelevant because (Daksh) is a child and (Immigration) should have acted quickly (so) they wouldn’t be apart for so long … the child is not to be punished for anybody else’s decision.”

aman-sood-and-his-wife-bhavna-bajaj-blowing-kisses-skype-w.jpg

Parents were unable to bring their son with them to Canada. Now they are getting conflicting messages from immigration officials. Julie Oliver / Ottawa Citizen

Nazami says he wants to make sure that “every step taken is in the best interest of the child,” adding: “It’s not just the responsibility of the parent. It’s also the responsibility of the government.”
 
Couple battles to reunite with young son stuck in India
Pair say they made a huge mistake in taking advice of immigration consultant who they say recommended waiting until arrival in Canada before sponsoring baby.

img0138jpg.jpg.size.xxlarge.letterbox.jpg

Bhavna Bajaj, an Ottawa lab technician, has been battling to have her son, Daksh, now 4, join her in Canada. Bajaj admits she made a mistake in not informing immigration officials when she became pregnant while still in India.

By: Nicholas Keung Immigration reporter, Published on Fri Dec 18 2015

It was the biggest mistake of their lives — and their little boy is paying the price.

Bhavna Bajaj found out she was pregnant while she and her husband were in the midst of applying to immigrate to Canada under the federal skilled worker program.

While waiting for the application to be processed, Bajaj gave birth to their only child, Daksh in June 2011. She said she emailed her immigration consultant from her hospital bed to alert Canadian officials of the arrival of the little one.

Instead, she said, the South Africa-based online immigration consulting firm they were using advised the couple to sponsor their son after their application was approved and they had arrived in Canada.

That turned out to be a huge mistake, one that’s haunting Bajaj and her husband, Aman Sood, because Canada’s immigration department bars any family member not included at the time of application from being sponsored to Canada in the future — a fact the couple learned only when they landed at the Montreal airport in January 2013.

And worse, Bajaj, now a medical lab technician in Ottawa, said they felt pressured by customs officials into signing a declaration that “we would never sponsor our child.”

For two years, the heartbroken parents have been fighting unsuccessfully to reunite with Daksh, who is now 4 and being cared for by his grandparents in Shimla in the Indian state of Himachal Pradesh.

“They were given the wrong advice and made a tragic mistake. We are not saying the law is on our side. By law, there is no excuse for the couple,” said the family’s current lawyer, Hadayt Nazami, who is based in Toronto.

“But they wouldn’t have excluded the child. I see no reason the inclusion of the child in their application would have caused any problem for their immigration. The boy was healthy and wouldn’t have been inadmissible for any medical or security reason.”

An immigration department spokesperson said the “objective of the regulations is to encourage honesty and full disclosure” in the application process. “This provision has been consistently upheld by the courts as it helps prevent immigration fraud and human trafficking,” said spokesperson Nancy Caron.

The couple’s numerous attempts to bring Daksh to Canada — under family sponsorship and humanitarian and compassionate applications — have been rejected by immigration officials.

“Your parents failed to declare you as a dependent child at the time of the processing of their application for permanent residence in Canada. Upon arrival in Canada, your parents signed a declaration that they would not sponsor you in the future,” the High Commission of Canada in New Delhi said in a letter to Daksh. “Therefore, you are excluded as a member of the family class.”

While immigration officials agreed the immigration minister could make an exemption if humanitarian considerations such as “the best interests of a child directly affected” were justified, they concluded in August 2014 that there were “insufficient humanitarian and compassionate factors” in this case.

“Based on the information submitted in the application, it appears that the child never resided with his parents and continuously resided with his grandparents,” said the immigration department’s Caron.

“The child was living in an environment which was culturally and linguistically familiar to him, among people who had cared for him since birth. The humanitarian and compassionate considerations were refused.”

Bajaj, 31, said she has only been able to return to India to see Daksh once because both she and her husband, now a truck driver, were struggling to secure employment since their arrival. Although they chat every day with their little boy on Skype, it’s heartbreaking to watch him grow up over the Internet.

“Aman and I just cry all the time. We come home from work and we don’t even talk to each other because our child can’t be with us,” said Bajaj, who found a job as a lab technician earlier this year after toiling in unstable retail jobs.

“We came to Canada so our child can have a better life. My husband and I work very hard and we have never been on government welfare, even when life was difficult.”

An online petition to Immigration Minister John McCallum by the family’s supporters has already collected more than 11,000 signatures.

“Human beings make errors, honest mistakes, and people should not be punished for them, especially when no harm was intended or done. One of the individuals concerned is so young and needs to be with his parents,” said Matthew Behrens, who started the petition.

On Tuesday, the family’s supporters will take the petition to Parliament Hill, pleading with the government to issue the little boy a temporary resident permit so he can join his parents here.
 
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