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-   -   American seeks asylum in Canada (https://britishexpats.com/forum/canada-56/american-seeks-asylum-canada-867845/)

BristolUK Nov 11th 2015 11:15 am

American seeks asylum in Canada
 
It's an interesting case.

It's so dangerous to be a black American, I've sought asylum in Canada | Kyle Lydell Canty | Comment is free | The Guardian

macadian Nov 11th 2015 11:44 am

Re: American seeks asylum in Canada
 
Devalues the asylum criteria process, particularly for those with genuine needs...".I am living in Vancouver BC and receiving Canada’s social assistance". So much for the old adage that there is no such thing as a free meal...

dbd33 Nov 11th 2015 12:20 pm

Re: American seeks asylum in Canada
 

Originally Posted by BristolUK (Post 11791327)
It's an interesting case.

Agrees with macadian, shocker!

It's a bollocks. He needs to demonstrate a justifiable fear of persecution for being black in a country which has a black President and a rival Presidential candidate who has reached his lofty position while being both black and an idiot. It's not a sustainable argument.

BristolUK Nov 11th 2015 12:40 pm

Re: American seeks asylum in Canada
 

Originally Posted by dbd33 (Post 11791376)
It's a bollocks. He needs to demonstrate a justifiable fear of persecution for being black in a country which has a black President and a rival Presidential candidate who has reached his lofty position while being both black and an idiot. It's not a sustainable argument.

I don't think it's "right" either but just to play devil's advocate, supposing you have a fictional South American country whose leader has all the respectability of Obama by, say, having tea with Mrs Thatcher and is a "good sort" but whose officials go around killing and disappearing citizens who don't fit, in much the same way US police appear to be doing so with black Americans who they see as not fitting in. :sneaky:

Would you deny the asylum application because of the "respectability" of the leader?

:unsure:

dbd33 Nov 11th 2015 12:53 pm

Re: American seeks asylum in Canada
 

Originally Posted by BristolUK (Post 11791397)
Would you deny the asylum application because of the "respectability" of the leader?

Not for that reason. The asylum applicant needs to demonstrate that his or her membership of an identifiable group puts his or her life and limb at risk. The fact that there are members of that group who are not persecuted, who are, in fact, running the country, breaks the connection between membership and persecution. The case for asylum is unsound because not all members of the group are persecuted.

Former Lancastrian Nov 11th 2015 1:49 pm

Re: American seeks asylum in Canada
 
Lets wait to see what the decision is from the esteemed member of the IRB Refugee Protect Division is and if their decision is appealed to the Refugee Appeals Decision which may also be appealed to the Federal Court of Canada.

Hopefully they will publish the hearing which will reveal what or if any evidence the claimant provided to base his claim on.
Gut feeling claim will be denied but hey only several thousand dollars spent and a few trees cut down to deal with the mountain of paperwork prepared and submitted for this one case, bearing in mind there are thousands being made every year some of which are successful and others that aren't.
Add in the 25,000 Syrians we are expecting on top of all the others we normally get then I suggest if you were a tree then you might feel the need to submit a claim:lol:

jazzlover Nov 11th 2015 2:04 pm

Re: American seeks asylum in Canada
 
dbd33 The fact that America has a black president, and certain members of the same race are running the country is not a justifiable argument, you have got asylum seekers from all over i.e Africa, Syria, China, etc where there presidents are of the same genetic makeup, yet not all members there are being persecuted either.

Former Lancastrian Nov 11th 2015 2:13 pm

Re: American seeks asylum in Canada
 

Originally Posted by jazzlover (Post 11791489)
dbd33 The fact that America has a black president, and certain members of the same race are running the country is not a justifiable argument, you have got asylum seekers from all over i.e Africa, Syria, China, etc where there presidents are of the same genetic makeup, yet not all members there are being persecuted either.

His claim will be determined on this part of the Act section 97(1)(b) of IRPA

Person in need of protection

97. (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
(i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.
Marginal note:Person in need of protection

(2) A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.

Does anyone see member of a group? What happens is they show they belong to what is described as a group e.g. Roma Gypsy, Sunni Muslim or other ethnic group as opposed to the individuals skin colour. As pointed out not all African Americans as a group are facing any of the criteria as mentioned in 97(1)(b) as mentioned above.

dbd33 Nov 11th 2015 2:45 pm

Re: American seeks asylum in Canada
 

Originally Posted by jazzlover (Post 11791489)
dbd33 The fact that America has a black president, and certain members of the same race are running the country is not a justifiable argument, you have got asylum seekers from all over i.e Africa, Syria, China, etc where there presidents are of the same genetic makeup, yet not all members there are being persecuted either.

Their claims, if sound, are not based solely on their skin colour. His is.

BristolUK Nov 11th 2015 2:45 pm

Re: American seeks asylum in Canada
 

Originally Posted by Former Lancastrian (Post 11791470)
Lets wait to see what the decision is ...

Where's the fun in that? :lol:

I think he has even less chance than that American soldier who went AWOL and he lost IIRC.

Former Lancastrian Nov 11th 2015 2:50 pm

Re: American seeks asylum in Canada
 

Originally Posted by BristolUK (Post 11791529)
Where's the fun in that? :lol:

I think he has even less chance than that American soldier who went AWOL and he lost IIRC.

Yes he did and BTW this is not your house for sale is it :lol:

Moncton, and yeah massively overpriced. One house was 699,000 then dropped to 599,000 after 18 months, still didn't sell, so dropped to 549,000 and sold after almost 3 years. Another listed at 499,000 dropped to 399,000 after a year then sold about 9 months later. Also one that's been listed at 449,000 for at least 4 years, no price change, no sale yet. Obviously some are down to the owner - I know of another which has been listed at 449,000 with a supposedly motivated seller and different realtor. It's the smallest house in the street and neighbouring houses, which are at least 30% bigger, are listed at the same price and also failing to sell.
http://britishexpats.com/forum/canad...ealtor-867720/

BristolUK Nov 11th 2015 2:54 pm

Re: American seeks asylum in Canada
 

Originally Posted by Former Lancastrian (Post 11791535)
Yes he did and BTW this is not your house for sale is it :lol:

I commented in the other thread.

Once I picked up my chin. :eek:

Oink Nov 11th 2015 3:03 pm

Re: American seeks asylum in Canada
 
I don't know why they don't do the same thing as the European Union and let North Americans live and work in either country without restriction.

sharkus Nov 11th 2015 3:35 pm

Re: American seeks asylum in Canada
 

Originally Posted by Oink (Post 11791546)
I don't know why they don't do the same thing as the European Union and let North Americans live and work in either country without restriction.

America has this every so small problem with YOU'RE STEALING OUR JOBS! sorry, went all 'mercian for a moment. Had first hand experience of not being able to work in the US because they didn't like that we would be taking away a job from a US citizen, even though a) there weren't any that could do the job I could in the location we would be based, b) we would gladly employ US people, and we did have one US employee, but we needed an office and our team there for at least six months to see that this was indeed a viable place for us to run our business from. If it was, we would employ and train people and thus not "steal" a job.

The above is why we looked at Canada and were welcomed with open arms.

I really do wish that your suggestion worked here, as it would be quite useful to be able to pop across to the US and work there, without all the paperwork hassles. My girlfriend would also really like this too, as she'd be able to continue working in Canada, again without the need for all the paperwork.

As to the actual topic of the thread. Really hope it's does not succeed, as others said, it's distorting the process that is there. I wonder what the figures for Canada are in regards to how black people / people of colour / african descent / whatever this weeks socially acceptable nomenclature is, are treated, perhaps it might be in a similar way to how they are treated in the US? I see how "slaves" are mentioned. This irks me, unless this person was actually born into slavery. Yes, I get it, there is history there, and still hatred and oppression, but the person is very unlikely to be a slave, so why bring it up at all? I think it is more likely this person is seeing Canada as potential soft touch, offering them something they cannot get in the US, so they are trying it on.

dbd33 Nov 11th 2015 3:50 pm

Re: American seeks asylum in Canada
 

Originally Posted by sharkus (Post 11791574)
America has this every so small problem with YOU'RE STEALING OUR JOBS! sorry, went all 'mercian for a moment. Had first hand experience of not being able to work in the US because they didn't like that we would be taking away a job from a US citizen, even though a) there weren't any that could do the job I could in the location we would be based, b) we would gladly employ US people, and we did have one US employee, but we needed an office and our team there for at least six months to see that this was indeed a viable place for us to run our business from. If it was, we would employ and train people and thus not "steal" a job.

The above is why we looked at Canada and were welcomed with open arms.

I really do wish that your suggestion worked here, as it would be quite useful to be able to pop across to the US and work there, without all the paperwork hassles. My girlfriend would also really like this too, as she'd be able to continue working in Canada, again without the need for all the paperwork.

As to the actual topic of the thread. Really hope it's does not succeed, as others said, it's distorting the process that is there. I wonder what the figures for Canada are in regards to how black people / people of colour / african descent / whatever this weeks socially acceptable nomenclature is, are treated, perhaps it might be in a similar way to how they are treated in the US? I see how "slaves" are mentioned. This irks me, unless this person was actually born into slavery. Yes, I get it, there is history there, and still hatred and oppression, but the person is very unlikely to be a slave, so why bring it up at all? I think it is more likely this person is seeing Canada as potential soft touch, offering them something they cannot get in the US, so they are trying it on.

Wait a minute, he's facing an assortment of unrelated criminal charges in a range of States; that's proof that the authorities, all the authorities across the country, are out to get him.


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