Lee and Company

Tuesday, 8 April 2014

Interview with Albilad Newspaper


 
49  Issue 147 April 2014


Immigration Consultant Mohamed Abuzayed joins »Lee & Company« for Immigration Services
 
Abuzayed: I joined the Company because of its success and good reputation
IMMIGRATION CONSULTATION IS NEEDED IN LONDON, AS THE SYSTEM FACES MANY CHANGES
 
HAVING A TRUSTED CONSULTANT HELPS IN FULFILLMENT OF YOUR GOALS
 
”Lee  &  Company“  for  immigration services recently opened a new branch in    London,    Ontario.    This    branch is   administered by   the   immigration consultant Mohamed Abuzayed to serving mainly the Arabic Community.  The company used to receive calls from London, but did not open the office till they found a trusted person.  Albilad visited  the  Company  office and  talked  to  the  office manager  Mr. Abuzayed and the principal consultant of  the company Mr. Marko Vitorovich.
 
About the  services offered  by  the
Company Mr. Abuzayed said:
”The law firm was formed circa 2001, with a  special  focus  on  immigration  litigation and  refugee  appeals,  I  heard  about  their growing reputation and success in the field and I joined recently, as they are looking to establish a network to help people across the country with immigration issues.
“ Mr. Abuzayed explains that he recognized that  these  specialized  services  were  not just a growing reality of immigration law, but a particular growing need for the Arab community,   in   London,   where   Arabic permanent   residents   when   applying   for extensions of their statuses or applying for citizenships are routinely investigated and prosecuted for allegedly failing to comply with their residency obligations.  To better serve the Arabic community in London, Lee & Company moved to open a branch office in London, managed by Mr. Abuzayed.
The firm recognized the need for their legal expertise in the Arabic community, and the large Arabic community in London, as they would get requests from clients in London to assist them, however, they did not want to  open  an  office until  they  could  find a person of trust. Once that person of trust was found, Mr. Abuzayed, they moved to open an office“.
 
Mr. Marko Vitorovich, the Principal Consultant  of  the  firm, explained the firm services:

"The   need   for   our   type   of   services, what  we  call  litigation,  which  consists of  refused  cases,  inadmissibility  issues, spousal   appeals,   deportations,   refugee appeals,   detention   reviews,   and   such cases, is unfortunately a growing reality of immigration changes“.

He noted that immigrant communities are facing this new reality and many need help to  navigate  this  new  world  of  Canadian immigration. He notes further that while the government boasts about the high level of immigration, most immigrant communities are well aware of a very different reality.

He added: ”This trend started years ago, when Ms. Lee and I,   first started talking about it and realizing the old days and old ways of practicing immigration law would be drastically changed, and you need hard core legal skills, a deep knowledge of the law,  great  advocacy  skills,  both  written and oral, a litigation approach, which does not mean that you are always adversarial, but  rather  that  you  prepare  and  present your case, as if you are facing the toughest judge, that the days of simply filling forms in even the simplest of cases was long over. These days even an honest mistake on the form could lead to a refusal.  This has been increasingly the reality and more so today than when we started 15 years ago.“
 
Ms. Lee the Principal of the Firm states:
”Enforcement is increasingly the name of the game“. She explains how it has come to light that the government has set a target of 875 cases per year to strip persons granted refugee  protection  of  their  status  through vacation or cessation proceedings. She continues - ”We are currently handling such cases, and in one case, the person has been found to be a refugee some 14 years ago, and for most of those 14 years the person has been a permanent resident.“ Ms. Lee adds, that persons who  have become permanent residents after given refugee protection, can be removed years later through no fault of their own but simply because the situation in their country has changed.
They add that the proposed changes to the citizenship laws, in some ways, at least in part, is targeted at the Arabic community, and it is also codification of something that has  been  a  reality  for  some  time.    They explain that because of what the government perceived as a high level of fraud in both applications for renewal of PR status, and applications for citizenships, particularly for those working in the Middle East and abroad, the  government  has  for  the  past  several years scrutinized both PR and Citizenship applications very carefully.
 
Mr. Abuzayed explains – ”In the past you  could  simply  fill forms  and  provide minimal info and obtain a new PR card or even become a citizen, our community in London, knows this is no longer the reality“. Mr. Abuzayed added that the new changes to the citizenship laws, will impact the Arabic community,   as the government introduces changes to make it more difficult to obtain citizenship, and for some time now even a renewal of a PR card application is subject to more scrutiny. Again, in the past, permanent residents were able to stay in Canada for 3 years, apply for citizenship and then leave. When  the  processing  of  the  citizenship application was complete they would come back to complete the citizenship application and collect their cards.   That is no longer the case anymore, as for several years now, citizenship applications are delayed, taking several years to process, while immigration investigate whether the applicant  continues to maintain their  PR residency obligations and    the    possible    granting/refusing    of citizenship.
They also explain that they are seeing an increase in investigations against permanent residents and even citizens across the board, in the Chinese and Indian communities they are seeing many investigations of permanent residence,  particularly  when  applying  for citizenship, of people who landed on spousal sponsorships.
 
Mr. Vitorovich continues:
”even here, sometimes the person has been a permanent resident for almost a decade, and they have what appear to be very minimal reason to suspect the marriage that brought the PR to Canada was one of convenience, and yet they pursue them“. Alarmingly, even citizens are not saved“.

Ms. Lee explains:
”In  the  past  if  you  are  a  citizen,  unless you  are,  for  example  a war  criminal  when  you obtained         citizenship and you lied about it, it was  almost  unheard  of that  they  would  try  to remove  your  citizenship, however,  from  what  we see going forward, if there is  misrepresentation  not only on  your  citizenship application,  but  related on  how  you  became  a permanent  resident,  they will   consider   trying   to remove your citizenship.“
 
Mr. Vitorovich adds:
”However as tough as the new reality is, the truth is that  there  are  remedies, there are solutions, to all of these issues, it is just that   they   involve   time, preparation,    effort    and knowledge. People know that Canada seems to be closing category after category of immigration“.
 

Ms. Lee continues:

"What is most troubling is that the government feels free to apply laws retroactively, first Federal Skilled Workers who have been waiting patiently in line for years, are told they are being eliminated to clear up the backlog, their dreams of immigrating to Canada are over, now it’s the investors turn. No matter how you spin it, this is terribly unfair. Imagine how you would feel if it was your family in this line up that is eliminated by retroactive legislation."
Many    top    immigration    law    firms in  the  country  have  challenged  the government’s  decision  to  cancel the FSW  category  and  the  cases  are  still before the Court.
Ms.  Lee  continues:  ”We  are  in  the forefront of challenging this retroactive legislation, one of the lead cases in the Federal Skilled Worker litigation is ours, and  for  the  investor  category,  we  are presently representing some 50 investors and we will be challenging the investor retroactivity, as well. We will take this issue as far as it can go, because we see it as a question of the Rule of Law, an issue  that  strikes  at  the  heart  of  core Canadian legal values.“
 
Mr. Abazuyed pointed out, ”Although the rules have changed and immigration is getting tougher, you should not lose hope.   It is important to keep in mind the   importance  of  hiring  trustworthy and diligent counsel to help you achieve your  immigration  goals.     Nowadays, most  processing  applications  involve having an employer waiting for you; this is key and true for both provincial and federal programs“.
 


Sunday, 23 March 2014

Roma - Their Story


Never Come Back - by Karl Nerenberg

 

https://www.youtube.com/watch?v=E26XukmkMP8


"Never Come Back" tells the story of the Roma (sometimes called "Gypsies") in Canada. Characters include Tibor Lukacs, from Prague, who founded the FC-Bohemians, a "Roma" soccer team in Canada's steel town, Hamilton; and Tamas Banya, a singer/guitarist from Budapest. After accepting many as refugees, the Canadian government is now rejecting most, arguing that they come from 'democratic countries.' The film travels to the Czech Republic and Hungary where Roma suffer discrimination and face threats of violence. Bela Radics, a Roma an who was returned to Hungary by the Canadian government to Hungary, tells Roma still in Canada: "Never come back!"
 
Lee and Company represented Tamas Banya from Hungary and successfully helped him get his humanitarian and compassionate application approved.

GTEC (Greater Toronto Enforcement Centre) Interviews


GTEC @ 6900 Airport Road, Toronto
When people receive letters to attend at the GTEC (CBSA) they panic and they think that it is over, that they will be removed immediately.  First, you need to be assured, that this is not necessarily the case, despite the letter generally stating that the your Removal Order is now effective and/or  you are removal ready.  There are remedies available to you under these circumstances which shall be discussed in another blog.   However, I want to discuss my experience and give my two cents from an Articling Student’s perspective and how to act to avoid problems.
First of all, be calm! Nothing should happen if you remain calm, even under the worst circumstance and even in the worst circumstance there are remedies which can be discussed once you get back to our office.  Second, listen to me when I am trying to tell you to be calm. You weren’t listening to me before and now you are panicking. Be calm. Nothing will happen if you remain calm.

When a client gets convoked to GTEC – now called EIOD or Enforcement and Intelligence Operations Division. Why? I don’t know. I don’t know what’s so intelligent about it – they feel uneasy to say the least. The client is unsure what will happen next: will they get yelled at profusely? Interrogated in a dark room under bright lights à la Hollywood? Arrested? Deported? Will they lose the ability to work and earn a livelihood? Will they be separated from their children? These are legitimate concerns and are not foreign to counsel. It’s important to always remember the first point and to be calm.

GTEC is not a nice place. There is tension in the air. People who are convoked for an interview at let’s say 9 am, will not get seen until 11, if they are lucky. Sometimes, you see mothers with their strollers and families with their impatient young children, they must wait there and gaze at CBSA officers on the other side of a thick plexiglass window. These officers often do not look friendly: they walk with holstered guns and bullet proof vests towards an annoyingly loud intercom to call other worried souls to their interviews. Upon being called, one, two, or a whole family of grim-faced people will stand up and drag their feet to the designated interview room.
The interview rooms are not nice places. I have seen things that are not pleasant happening there, but remember they tend to happen only if clients do not remain calm and there is a confrontation between the client and the CBSA officer.  I’ve seen interviewees get rolled out on a stretcher by paramedics. The air has a certain noxious smell that is difficult to describe.  It haunts me long after I’ve left the building. There are usually two stools to sit on, but in some rooms there are three. There are always big yellow plaques on the wall warning you that everything you do and say is being recorded on audio and video. In these interview rooms, there is another plexiglass window/wall separating you from the officer.

I describe GTEC for a reason. I don’t blame our clients for not wanting to be there. If I were in their shoes I would not want to be there. Officers sometime look like they do not want to be there. But the important thing to remember is that the Client IS there, which means that they are not running and hiding and that is a good thing.  This is the first step to having an agreeable interview at GTEC, making it clear that the client is not going to run and hide.
The second most important thing is to answer questions truthfully. Be calm, breath, take your time, and answer the questions truthfully. First, listen to the question. Make sure you understand what the question is, and answer it truthfully. Don’t give too many details, don’t give an answer that is not relevant to the question. Don’t think that you can outsmart the officer and give some weird smartalicky answer. These things will not help you at all. Just be calm. Listen. Breathe. And answer truthfully.

I insist on listening, breathing, and staying calm because the opposite – being nervous, not breathing, getting excited, crying, not answering, yelling – will result in the worst case scenario, which is an arrest followed by detention. Please remember if the officer thinks you will panic and run they can arrest you because they have the right to detain under the law if they think you will not show up when convoked by CBSA or CIC. So always remember my first point: be calm. Nothing will happen if you remain calm. Then listen. Breathe. And answer truthfully.
Next, remember that counsel (I) am there to help and make sure that the officer does not ask irrelevant questions, and does not act in a way that would lead to a breach of the law, or in general that things do not escalate or get complicated without reason. That is all I am there for. I am not there to answer the questions for you. I am not there to trick the officer. I am not there to give some brilliant speech that will leave the CBSA officer flabbergasted. None of this can happen, and even if it could happen, it would not help. I am there to make sure nothing gets out of hand. I am there to make sure you remember to breath, and stay calm. I might gently put my hand on your shoulder if I notice that you are becoming agitated. I will remind the officer that you are nervous because of the nature of the interview itself, because the client is being interviewed by a person with authority, and no other reason. The only time I will answer questions is if they are technical, such as when the officers ask questions such as whether or not you “made an application for landing.” 

I have done my job when I walk out with you from the interview, calmly walking towards the parking lot.

Patrick Simon

Articling Student, 2013-2014