Ask a Canada Law Question, Get an Answer ASAP!
I am not clear about what happened.
Are you saying you were deported because they though you had a criminal record but you did not?
I am sorry but I still don't understand.
Are you saying that you were physically remove from Canada against your will and there was no order?
Yes I no there was not order but are you saying you were physically removed at gunpoint and drugged and this was by CIC officers.
I do want to answer but your post is very mixed up and confusing.
Please be patient so I can try and help you figure this out.
Are you saying you applied for rehabilitation and still did not hear back. If so did you apply on your own or did a consultant or lawyer do this for you?
You cannot take them to Federal Court at this point. You first have to get the to make a decision.
Something has gone terribly wrong with your application.
You need to first call the call centre and ask for your file to be tracked.
If that doesn't work you then need to retain a lawyer (not a consultant) to deal with CIC for you. This is not a regular delay and this should have been processed fully years ago. Even a rejection would be better than nothing.
If CIC actually lost your application then it is possible for you to sue them for damages. But, given you are outside of Canada and given that it is likely you do not have an excessive amount of money it would be almost impossible for you to sue them successfully as you would be suing the Canadian government from afar without an enormous amount of legal funds.A better approach would be to pay an immigration lawyer to contact CIC, to make a big fuss about the fact that you have been harmed by waiting for them all these years, and possibly to threaten a lawsuit. Threatening a lawsuit when it comes from a lawyer may very well work. As well, the lawyer might be able to go to an elected representative such as the Minister in charge of immigration to help you.
You need a lawyer to contact the minister and you need a lawyer to contact CIC. Otherwise, you will have to start over.
The government will not pay for your legal fees. The government may try and rush this because of the harm if a lawyer explains what happened.
I cannot do this for you but you can use the lawyer referral service in the province you are interested in and you can find a lawyer that way.
The lawyer will need to see copies of the documents you sent the CIC and hear the story and that will be enough.
It's sounds like the CIC made a mistake but that doesn't mean much since you really cannot sue them.
They may have erred. It's not quite the same as breaking the law but if you could sue you may win.
Because they are not doing that intentionally it is not a breach of a law. As I have already stated it is likely negligence and you could likely sue for damages if you can afford to take on the Canadian government.
I am saying if this was an error then it is not that they acted unlawfully but it is that they were negligent.
But if the simply would not consider your application for some odd reason then that may be a different matter and it may be something to take to Federal Court.
This is not about misconduct. And so there is nothing about a code. Negligence is when the government fails to carry out their duties for a variety of reasons. It could be that they did not employ an appropriate standard of care. It could be that the employee who considered your case was not careful. It could be that they didn't maintain their computer system properly and your file was lost. Do you see what I mean?
No I am certainly not instructing you at all and what I've been suggesting is that you cannot do this yourself and you need to retain a lawyer to do this. I also said it is not really practical or realistic to consider suing the Canadian government.
But if you were to do so then you would likely allege negligence.
I don't know what you mean.
I don't know what they did and you don't either and that is what is so disturbing and unfair.
But there is nothing more I can add from what I've already said. You can start over or else retain a lawyer to help you figure out what has happened.