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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100035
Experience:  Lawyer
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I submitted an Application record" from Hong Kong on April

Customer Question

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: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

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?

Customer: replied 1 year 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: replied 1 year ago.
But Hong Kong CIC refused my application of ARC with A36.
Expert:  Debra replied 1 year 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?

Customer: replied 1 year ago.
NO ORDER.
Expert:  Debra replied 1 year 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.

Customer: replied 1 year 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: replied 1 year ago.
If you don't want to answer, please do not play with the misfortune, the disaster to upset victim.
please.
Customer: replied 1 year 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.
Expert:  Debra replied 1 year 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?

Customer: replied 1 year ago.
I followed the instruction of CIC's instruction to enquire Hornby office. Thanks. It is really very kind of you.
Customer: replied 1 year ago.
I was in desperate at rhea dead end.
Expert:  Debra replied 1 year 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.

Customer: replied 1 year ago.
Amitabha! My enquiry disappear , i was told.can not find. Do they break any regulation? Conduct? Law?
Expert:  Debra replied 1 year 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.

Customer: replied 1 year ago.
Application in their warehouse. Not in CIC. We hv wrote to CIC Minister, no answer. Officer create cases for me to pay, unfair.
Expert:  Debra replied 1 year ago.

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

Customer: replied 1 year ago.
Do you have the experience to talk to them?
Customer: replied 1 year ago.
What is your confident to have just for me, and children live like orphans?
Customer: replied 1 year 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: replied 1 year ago.
Is Money or Just, or compassionate the motivation to move a lawyer to talk to the authority?
Customer: replied 1 year ago.
We are parparing the new.
Customer: replied 1 year 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?
Expert:  Debra replied 1 year 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.

Customer: replied 1 year 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.
Expert:  Debra replied 1 year ago.

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

Customer: replied 1 year ago.
What law do they follow to storage our application and create orphans like children? They are torturing Kids.
Expert:  Debra replied 1 year 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.

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

Customer: replied 1 year 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: replied 1 year ago.
Do I need the code for their negligent? misconduct? Malfeasance? please.
Customer: replied 1 year 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.
Expert:  Debra replied 1 year 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?

Customer: replied 1 year 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: replied 1 year ago.
Negligent last for 4.5years plus cockily, they are still in gpnegligent after our remin.
Expert:  Debra replied 1 year 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.

Customer: replied 1 year ago.
Remind, follow up.
Customer: replied 1 year ago.
I will appreciate if Negligence will bring an order from Fed court. Would you kindly give me some examples of gov. Negligence.?
Expert:  Debra replied 1 year ago.

I don't know what you mean.

Customer: replied 1 year ago.
What is your meaning of negligence legally?
Expert:  Debra replied 1 year ago.

Read this:

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

Customer: replied 1 year 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.
Expert:  Debra replied 1 year 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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