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I submitted an Application record" from Hong Kong on April

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I submitted an Application "for...
I submitted an Application "for criminal record" from Hong Kong on April 20th 2011. I checked the enquiry box because the criminal record is no related to criminal activity that proved by 1) Hong Kong government lab.'s forensic testimony, 2)computer record of Hong Kong government high way Department. 3)by prosecutor of Hong Kong department of Justice with the same theory as 1) forensic testimony. 4. I BELIEVE THE CANADA OR USA LAB WILL SUPPORT THE FORENSIC TESTIMONY OF HONG KONG GOVERNMENT'S.
As alternative, I put my credit card number there said if I need to pay reha., than charge my credit card and go ahead to processing. The criminal record related to 5 charges are went through the red light etc.. I had no lawyer in court. I was convict by Judge to fine HKD15000. for all charges as a sentence.
CBSA deported me with gun and drug, no document/deportation order in May 18, 2011. I live in Hong Kong and my 3 children who live in Vancouver like orphans are very upset.
How can I get the response from CIC pls? Will the Federal court order CIC to response to my enquiry?What law does CIC break or did not follow? Can I get the lawyer's fee back if I hire a lawyer?
If Your answer can not help me to get the order from Federal court of Canada, are you going to refund?
Submitted: 2 years ago.Category: Canada Law
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Answered in 5 hours by:
9/24/2015
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,511
Experience: Lawyer
Verified

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?

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Customer reply replied 2 years ago
Sorry, I said I was deported by guns and drugged. NO deportation order, I am not sure if I can guess the reason, verbally CBSA said criminal record, this is the reason I submitted that application to check because I was allowed to enter Canada years ago. CBSA said indicate the reason is A41(a), A20(1)(a) on departure certificate I saw it in 2012 July.Now, I want to get the answer for my enquiry to CIC if I am entitle to have the answer.
Customer reply replied 2 years ago
But Hong Kong CIC refused my application of ARC with A36.
Lawyer: Debra, Lawyer replied 2 years ago

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?

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Customer reply replied 2 years ago
NO ORDER.
Lawyer: Debra, Lawyer replied 2 years ago

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.

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Customer reply replied 2 years ago
NO, not by CIC, CIC did not involve. I did not, I never say by CIC. CIC did not involve, please be serious when you answer. it is a misfortune already.
Customer reply replied 2 years ago
If you don't want to answer, please do not play with the misfortune, the disaster to upset victim.
please.
Customer reply replied 2 years ago
I submitted enquiry to CIC in 2011, CIC did not reply to me now 2015. Do I entitle to get answer from them lawfully? if yes, what law support my request? Thanks.
Lawyer: Debra, Lawyer replied 2 years ago

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?

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Customer reply replied 2 years ago
I followed the instruction of CIC's instruction to enquire Hornby office. Thanks. It is really very kind of you.
Customer reply replied 2 years ago
I was in desperate at rhea dead end.
Lawyer: Debra, Lawyer replied 2 years ago

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.

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Customer reply replied 2 years ago
Amitabha! My enquiry disappear , i was told.can not find. Do they break any regulation? Conduct? Law?
Lawyer: Debra, Lawyer replied 2 years ago

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.

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Customer reply replied 2 years ago
Application in their warehouse. Not in CIC. We hv wrote to CIC Minister, no answer. Officer create cases for me to pay, unfair.
Lawyer: Debra, Lawyer replied 2 years ago

You need a lawyer to contact the minister and you need a lawyer to contact CIC. Otherwise, you will have to start over.

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Customer reply replied 2 years ago
Do you have the experience to talk to them?
Customer reply replied 2 years ago
What is your confident to have just for me, and children live like orphans?
Customer reply replied 2 years ago
How much do I need to prepare for a lawyer to work for this situation?
Is there any violation in my situation? If it is, will the government reimburse the lawyer fee back to me?
Customer reply replied 2 years ago
Is Money or Just, or compassionate the motivation to move a lawyer to talk to the authority?
Customer reply replied 2 years ago
We are parparing the new.
Customer reply replied 2 years ago
But in consider I am right, 100% right in law and in nature, as human being. Also kids live like orphans, wish processing the document we submitted in 2011. I also have nothing to add in the new form, the new will be 100% same as 2011. Will it work?
Lawyer: Debra, Lawyer replied 2 years ago

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.

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Customer reply replied 2 years ago
How do you distinguish the mistake or do it on purpose? We resubmitted in May 2015, no answer, no in the computer system. The Question is , always is : Do they follow the law? Breaking the law? We are serious consider a judicial review for "orphans" , dehumanize, against human being.
Lawyer: Debra, Lawyer replied 2 years ago

They may have erred. It's not quite the same as breaking the law but if you could sue you may win.

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Customer reply replied 2 years ago
What law do they follow to storage our application and create orphans like children? They are torturing Kids.
Lawyer: Debra, Lawyer replied 2 years ago

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.

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Customer reply replied 2 years ago
if they didn't break the law, I am unable to ask them to answer me, they have right to not answer, ???
Customer reply replied 2 years ago
To not processing IMMI1444 , right?
Customer reply replied 2 years ago
1st Submition 2011_4_21. 2nd Submition 2015_5_12,
Customer reply replied 2 years ago
What is their intention they do not processing?
Lawyer: Debra, Lawyer replied 2 years ago

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.

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Customer reply replied 2 years ago
Dear Sir/Madam, would you please kindly let me know what is the conduct code for negligent? or Malfeasance? thanks. Must I point out what is wrong with the officer in Fed. court right? Need your compassionate for "orphans".
Customer reply replied 2 years ago
Do I need the code for their negligent? misconduct? Malfeasance? please.
Customer reply replied 2 years ago
As human being, it is very difficult to survive for woman and children, now the misfortune added to the misfortune family(actually no family, we are homeless). Your answer will be very valuable to us. Thank you forever.
Lawyer: Debra, Lawyer replied 2 years ago

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?

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Customer reply replied 2 years ago
Pls forgive my blunt. are you instructing me to put negligent in the Fed court document for an response? Do I need to prove their negligent? Is it what the court need? As I experience, they packed my application in 2011, they unresponsive in 2015.
Customer reply replied 2 years ago
Negligent last for 4.5years plus cockily, they are still in gpnegligent after our remin.
Lawyer: Debra, Lawyer replied 2 years ago

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.

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Customer reply replied 2 years ago
Remind, follow up.
Customer reply replied 2 years ago
I will appreciate if Negligence will bring an order from Fed court. Would you kindly give me some examples of gov. Negligence.?
Lawyer: Debra, Lawyer replied 2 years ago

I don't know what you mean.

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Customer reply replied 2 years ago
What is your meaning of negligence legally?
Lawyer: Debra, Lawyer replied 2 years ago

Read this:

http://www.ualberta.ca/~medlabsc/courses/negligence.html

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Customer reply replied 2 years ago
Sir, CIC did not lost my application. They put my application aside, or storage it. How a negligence last for 4.5 years and they have no intention to end their negligence? Please educate me to learn the negligence.
Lawyer: Debra, Lawyer replied 2 years ago

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.

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