H & C basis and My Immigration History

Canada is a country of immigrants. People from all over the world want to come in Canada at any how. But why do people want to come in Canada? Although there are different perspectives to every individual, the common answer is for the Canada’s humanitarian & compassionate value. They have also a good system which ensures the rights of every individual human being & animal.

Canada has also the best immigration systems. They have more than 60 immigration programs. Humanitarians & Compassionate ground is one of them. People received permanent residency through the H & C ground if they win the refugee cases. People also get the PR under the H & C ground without winning the refugee case. But it depends on the humanitarian ground & discretionary power of immigration officer. Before granting the PR under H & C ground (without winning the refugee case), the immigration officer will consider the following things:

1.     How settled the person is in Canada

2.     General family ties to Canada

3.     The best interests of any children involved, and

4.     What could happen to you if we do not grant the request.

There is no limit of settlement and demand. After getting a good job, we look for the better job. After doing one business, we try to start another business. After buying one house, we try to buy another house. Nothing wrong in it. This is human nature. But if you set the settlement in a criteria of immigration, it needs to be more specific. For example, what type of settlement do you want? People who are educated and do the permanent job in their field, are also a settlement. People who are business minded and do the business & contribute to the economy, are also a settlement. On the other hand, Canada takes over two years to settle all the refugee process. It takes over 5 years in many cases. If anybody stay any country for more than two years, they will be settled in any ways in that country. In this case, what immigration officer should consider? I think, immigration officer should think the Canadians’ best interest and will give the decision. This is his discretionary power. But, if he doesn’t think Canadians best interest and give his own judgement, it will be abuse of his power and a system glitch. What do you think?

Definitely, general ties to Canada is also a very good consideration for H & C ground. Now the question is, which one do you believe as a general family tie? If having friends & family is a general tie in Canada, what about is having Canadian babies in Canada? To me, having & raising Canadian babies in Canada is the super family ties to Canada.

Canada never denies the best interest of children. The Government of Canada ratified the CRC on December 12, 1991. Ratification implies that the ratifying State will adhere to the norms set out in the CRC in its domestic law, but in Canada, implementation of the Convention is somewhat limited by the two reservations stated at the time the Convention was signed, and subject to the constitutional and legal context. As mentioned, Canada has entered two reservations to the CRC. The first relates to Article 21[5] and the application of the provisions on adoption. Its purpose is to avoid conflict with the customary forms of care among the Aboriginal peoples. The second relates to Article 37(c)[6] and depriving children of liberty (in the youth criminal justice system), where Canada has reserved the right not to separate children and adults where it is not feasible or appropriate to do so.

Law regarding the best interest of child is very clear. Is the implication of this law clear? People often get rejection saying that kids are small and they have better future in other country than his own country. We all know, Canadian is for Canadian first than for others. Sending your own national to the other countries without think the environment, culture and law & order, how logical it is? I think, nobody believe that Canadian kids get the Canadian value and standard in other country (poor & developing countries) and apply the same value when they will arrive in Canada after they turn on 18. To me, people who believe this things, never want good for Canadians and Canada. They just believe and want to strict on their so called superior ego.

Sometimes, people spend their whole wealth and money to settle in Canada. Definitely, their will be adverse effect in the case of denial. The level of adverse effect should be determined. I know, this is not easy but anybody can justify. If a person stays in Canada years after years and never depend on Canadian government as well as pay all the legal fees by working hard, his denial will be very brutal. This is because he could not get legal aid from Government for working hard. So whatever money he earned and saved, spent all to the legal proceeding. Sometimes, that was not enough and they had to borrow money to meet up the cost. And obviously, he can’t earn the money in back home by same currency and it will be a nightmare.

Canadian authorities set the law in a very standard way. But officers who apply the law, sometimes go by their imaginary thinking while giving the decision by using their discretionary power. This is basically not their fault. They never lived in third world countries and they don’t know their system. They believe whatever media said. And why will they do the extra effort to justify someone’s case? Ultimately this is not their life. But, when the file come to CBSA for deportation, they meet the applicant face to face. They could know more details about the applicant. But their hand is also tied by the target of deportation. Besides, they don’t refer any file to IRCC to reconsider. Their job is deporting people and they will deport. They really will not care about the humanity. Because, they believe that a person who exhausted all of their legal right in Canada, have no right to live in Canada. Their points are also valid.    

But the problem happened when you spend years after years to decide someone’s immigration fate. For example, I, A K M Firoj Shah, have been living in Canada since 29 November 2014 with my family. Initially I claimed for the refugee status with my family which was not accepted on 30 March 2015 by IRB’s hearing. I appealed against the IRB’s decision which was also rejected on October, 2015. I had applied for permanent resident under the Humanitarians and Compassionate Ground twice on the basis of the best interest of my children and establishment in Canada. None of the applications were granted. The last one was applied on June 2018 and denied on October 2019 after requesting the medical, police clearance and permanent residency card fee. I had requested for judicial review which is pending almost two years. As I was not getting the PR under H & C ground, I tried to get PR in Canadian Experience Class on May 2020 after receiving the ITA from IRCC which was also rejected saying that a failed refugee claimant can’t apply in express entry. I have four Canadian born daughters and a son. My son, Samad Zain, suffering in selective mutism, is studying in Grade 3.  He is a high functioning. By providing speech and occupational therapy, he is gradually overcoming from his selective mutism. My elder daughter, Zunairah Zubin, is studying in Grade. My other three daughters are three, one and half years and three months old. I understand, I couldn't meet the Canadian Standard during the Refugee Claims but I have embraced Canada, Canadian value and Canadian people. I have tried to follow the rules and got bad advice in my early application. I tried, every single possible way but could not become succeed. I and my family did not go for welfare at all. I and my wife both worked hard to maintain our day to day life. I used to work during the day and my wife used to work overnight in Mcdonalds (Jun 2015 to Jun 2018) Initially, I did not get my expected job based on my ability but I never give up. Gradually, I made my establishment in Canada. Please see a short employment history of mine.

A. K. M. Firoj Shah
Year	Organization	Designation	Type
Apr 2018 to Until now	Fred Victor Centre	Accounting Analyst & Business Partner	Permanent
Aug 2017 to Dec 2017	TST Overland Express	Accounting Consultant	Contract
Mar 2017 to Apr 2017	Ventura Foods	Accounting Consultant	Contract
Oct 2016-Feb 2017	Lifemark Health Organization	Staff Accountant	Contract
Aug 2015-Sep 2016	Success Accounting Solutions	Accountant	Volunteer
May 2015-Apr 2018	Tim Hortons	Sales Associates	Full/Part time

 

Since, I came in Canada, I have spent over $46k for my immigration matters and the expenses are going on and I never been in welfare. I am paying taxes and raising my family without the talking any welfare or child benefit.

As I have been living in Canada with my family almost 7 years, I grow my family. I would never grow my family in Canada, if there were any Canadian laws said, I can’t have the family life or make baby in Canada. You may go the common sense of mine. But remember, not everyone has the same common sense or belief.

Now, my family grows and I don’t have any chance to look back. But, I don’t have any choice. I am in deportation. Due to the covid pandemic, the world economy is down. I really don’t know whether I will get a good job or not in my country. I also don’t know whether I can maintain the Canadian standard for my Canadian kids in my country or not? So, I have decided to leave my Canadian kids in Canada for their best interest. I know, this is very difficult for me but I have no choice. Now, I will be deported alone without my kids. Canada will keep my wife & kids. I believe, Canadian government will pay for their cost.

Right now, I am working and paying almost $1700 taxes (per month) to the Government and also maintaining my 7 member’s family. After my deportation, Government will not get any taxes from me. Moreover, they will spend another $8000 per month to maintain my kids. I really don’t know who will be benefited after my deportation. Did anybody think how it will impact to my kids mentally?

When I told my immigration story to Canadian, they really become shocked. Nobody could believe this. Some people said, Canada is bringing immigrants from other country but they are not giving any status to you! You are working hard, paying taxes and raising Canadians kids for future. They should not do this with you. They called me as a front line accounting hero and a true motivator. My manager told me, I don’t know how do you maintain everything after this huge stress. Canada should give you the PR for our own Canadian interest. My employer and colleagues also wrote for me to the Honorable Prime Minister, Immigration Minister, Public Safety Minister and Ontario Government. But, system is system. No Canadian authorities think about the system glitch. I wish, Canadian Government hear the general people!

If Canadians are for Canadians, they must think the best interest of Canadians. I also believe that there are no second class citizens in Canada. I hope, nobody will consider my Canadian kids as a second class Canadian citizens and my kids will get those rights whatever Canadian kids should get. And I strongly believe that Canadians will not let minors’ kids separate from their family.

Long live, Canada!