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Fed.court: 1101 days, missing passport...

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cvv31 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cvv31 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 12:08pm
This is really "guilty until proven innocent" then let's say you don't renew the passport because you DON'T TRAVEL, you would need a letter from your country embassy that confirms that you have not been issued a new passport.
 
This is crazy!
 
However I agree with mvb, akella you are right it is a fantastic answer! I am glad I renewed mine, this is the first time I see the "use" of a passport other than travelling.Tongue mine is "sitting" at home getting by the day closer to its expiry date in a couple of years Dead because I RESIDE in CanadaCool
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john_10 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote john_10 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 1:09pm
Thanks Dpenabil,

I like the idea of notarized copy of the passport, i had friends from North Africa where the government does take the old passport back " I guess having a notarized copy of the old passport  even if they take the original PLUS a new one should be OK although i agree ....Having the expired passport with the date the embassy did annul/void it PLUS the new passport should be even better Big smileBig smile
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 1:14pm

Quote cvv31:
Quote This is really "guilty until proven innocent" then let's say you don't renew the passport because you DON'T TRAVEL, you would need a letter from your country embassy that confirms that you have not been issued a new passport.

This is crazy!

It is not really so draconian as it may appear.

It really is not crazy.

A lot depends on all the rest of the circumstances, on the overall impression made. Appearances matter. Impressions matter. How all the details fit into the whole matters.

CIC perceives reason to be more suspicious of some. Not good to be looked at with suspicion.

Let's be clear: many, hundreds if not thousands of applicants do, indeed, arouse more suspicion. The problem is differentiating those who warrant CIC's closer, more thorough examination, those who are indeed suspicious, from those who are qualified and who play by the rules. Some of the latter do get trapped in CIC's suspicions nets.

Some may think that CIC apprehends reason to be suspicious of some applicants for little or no reason. I highly doubt that. Perhaps in some individual cases.

But, generally, as I have often said:

CIC generally gets it. They connect the dots. There are clues and they have the background, the experience, the knowledge base, the contextual understanding, to put things in perspective and to follow clues. Where the clues leads varies, and varies extensively.

Naysayers will dismiss this observation. They do so at their peril. They miss the point. They fail to take note of what really matters, how decisions are really made.

Anyone who has spent much time in a POE secondary, doing some eavesdropping, can get a glimpse of how this process works. CIC, like CBSA, have the training and experience to differentiate and compare and contrast and assess very detailed bits of information in an overall picture and in that to be reassured or to have concerns. Answers to questions can either resolve the concerns or can lead to additional questions. CBSA and CIC personnel are screened, educated, trained, and experienced in making these sorts of differentiating decisions.

Anyone who denies that CIC has the capacity to identify and unravel clues, and from those to rationally follow where the evidence leads, and that this is very, very often what underlies distinctions between one applicant (most) sailing through the process problem-free, versus another getting bogged down in a more strictly scrutinized track, is avoiding reality.

Yes, of course, this process is overinclusive. This process bogs down more than just those who will eventually be denied approval. How overbroad is it? I do not know. I have been steering clear of trying to assess that much, mostly because it does not matter relative to questions about how an individual should approach the application process and navigate their way through it. (It is more about the political, policy side, the what-should-be side, which is for others to discuss.)

But the reality is that there are criteria and reasoning skills and rational differentiation underlying CIC's approach to assessing applicants, and CIC does put things in perspective.

In other words: it is not so much whether one's passport is expired, as it is how that individual's whole case appears and how the individual details factor into the whole picture.

One person with an expired passport may indeed trigger concerns that that individual has obtained some other travel document to use when traveling abroad, one that they are not disclosing, and indications that an applicant has failed to disclose a relevant travel document is a huge red flag, a blaring alarm, for CIC. While, in contrast, another person may appear at the test and documents check with an expired passport, no replacement, and raise no concerns at all. It depends, it depends on all the rest of the circumstances, the totality of details.

This carries over into the RQ process, and can loom larger in that process, the dichotomy persisting, one applicant being treated very differently due to CIC apprehending that the individual has some alternative, undisclosed travel document, versus another who has not presented a currently valid travel document from his or her home country but for whom CIC is not all that concerned.

Overall: There is NO one-size fits all characterization of many individual details relevant in a particular person's case.

Again, I know that many here dismiss the idea that there are indeed rational reasons underlying the different views CIC has of some applicants, but to not recognize the reality of this is to miss the point, to handicap oneself in dealing with CIC. Some of this is rooted, of course, in frustration felt by those who know they solidly met the qualifications and who thus feel victimized by being subject to the inconvenience (a major inconvenience on multiple levels) of the extended and highly intrusive RQ process. To observe that a process like this inherently involves collateral-damage may seem callous, but that is far more the problem, that the criteria being employed by CIC sweeps into its net more than just those gaming the system, not that CIC is capriciously, arbitrarily, or maliciously targeting innocents.


Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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cvv31 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cvv31 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 2:00pm
yes that makes sense.
Thanks dpenabill for your post.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 2:28pm
Forgot to emphasize, too, that dated photo-copies are better than not having the document altogether. And, again, one can take a photo-copy to a notary (or someone with comparable authority) and have it certified (upon comparision to the original) as a complete and accurate copy of the original as of that date.

An applicant does not have to be at the mercy of chance in this regard.

Of course those who have lost their passport, or have had it stolen, are indeed at a distinct disadvantage. Even though not their fault, this is something that appears to make it very likely that RQ will be imposed, and in the RQ assessment process something that imposes more stringent demands on the extent of evidence the applicant practically needs to submit. Circumstances, and believeability of the story, probably have more than a little influence in how the "lost" or "stolen" passport situation unfolds . . . and of course, as always, how well the case is otherwise documented will make a big difference.

The reason for this I have explained elsewhere, but it is fairly simple: the burden of proof is on the applicant. Travel documents are considered essential items of evidence. The failure to have this evidence must be compensated for, by the applicant, in some other way.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Vancan2012 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vancan2012 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 4:18pm
Originally posted by cvv31 cvv31 wrote:

If you have an expired passport, that means you cannot travel, am I right ? so isn't that a proof that you reside in Canada.
 
I almost did not renew mine because I am not travelling then I had a second thought and changed my mine. I still don't travel but I renewed  mine!
 
Is there something I am missing here ?

Some countries would allow you to go back with an official travel document for emergencies (assuming you are a citizen of that country), despite the fact that your passport is expired. Canada, also, issues travel documents (not passports of course, see http://www.ppt.gc.ca/pptc/documents.aspx under Travel Documents, usually given to refugees) to permanent residents if they cannot obtain a passport from their home countries for some reason. So I disagree on the fact that having an expired passport will prove your presence in Canada since its expiration, although it is very likely to be the case. Remember, CIC gets to this point (Federal Court) after doubts are cast about an applicant, and at this point, I don't think they are willing to take the applicant's word for it.
Vancouver S03/12 L03/12 IP11/12 RQ 03/13 XFER 03/13 Currently In Process
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Intel View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Intel Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 5:24pm
Reading through the thread made me to imagine the following scenario: a Canadian PR person (not a US Citizen or PR) with expired passport (which is not renewed), yet he did not leave Canada since his first entry, then CIC denies granting his citizenship based on that he does not show his renewed passport.
 
For sake of border security, how a person with expired passport can leave and re-enter Canada without existence of a CSBA record for his re-entry. A CSBA report showing only the landing entry should be sufficient proof of no travel after landing, even if the applicant did not show a renewed passport. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vancan2012 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 6:09pm
Originally posted by Intel Intel wrote:

Reading through the thread made me to imagine the following scenario: a Canadian PR person (not a US Citizen or PR) with expired passport (which is not renewed), yet he did not leave Canada since his first entry, then CIC denies granting his citizenship based on that he does not show his renewed passport.
 
For sake of border security, how a person with expired passport can leave and re-enter Canada without existence of a CSBA record for his re-entry. A CSBA report showing only the landing entry should be sufficient proof of no travel after landing, even if the applicant did not show a renewed passport. 

I don't think the scenario you are describing was ever alluded to here, in this forum. CIC does not ask you to produce things that don't exist. At least I hope not. If you haven't renewed your passport, I don't think anyone will ask for it (since it doesn't in fact, exist, in the first place). We are talking about the expired passports that did exist at some point, and that have been "lost", or "eaten by the dog", or whatever excuse some applicants have told CIC.
Vancouver S03/12 L03/12 IP11/12 RQ 03/13 XFER 03/13 Currently In Process
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Intel Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jan 2013 at 6:26pm
Originally posted by Vancan2012 Vancan2012 wrote:


I don't think the scenario you are describing was ever alluded to here, in this forum. CIC does not ask you to produce things that don't exist. At least I hope not. If you haven't renewed your passport, I don't think anyone will ask for it (since it doesn't in fact, exist, in the first place). We are talking about the expired passports that did exist at some point, and that have been "lost", or "eaten by the dog", or whatever excuse some applicants have told CIC.
 
I remember reading similar scenario somewhere in the forum about a student with expired passport given an RQ at test.
 
Vancan, I was only given an exmaple to raise the point of relying on CBSA report of entires for cases of expired/lost passports where applicants did not leave Canada at all. Despite people saying the CBSA report is inaccurate, the records for re-entries must exist somewhere, unless applicants are re-entering as ghosts or CBSA is not protecting the border as it should be.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jan 2013 at 12:03pm

Quote Intel:
Quote I remember reading similar scenario somewhere in the forum about a student with expired passport given an RQ at test.

Vancan, I was only given an exmaple to raise the point of relying on CBSA report of entires for cases of expired/lost passports where applicants did not leave Canada at all. Despite people saying the CBSA report is inaccurate, the records for re-entries must exist somewhere, unless applicants are re-entering as ghosts or CBSA is not protecting the border as it should be.


CBSA reports are generally accurate, probably overwhelmingly so.

Accuracy and completeness are two different things.

The CBSA report does not purport to be complete. It is not relied upon as being complete.

There are many, many ways in which individuals may enter or exit Canada without a record of it being tied to their unique client identity in the CIC system. This is less so going forward, but there are still enough avenues for this that it is unlikely CIC will rely on CBSA reports to be absolutely complete for the foreseeable future.

One common way for applicants to exit and enter Canada without it being recorded in their primary passport or recorded in a way that it is reflected in CBSA reports, is to travel using an alternative travel document. Because of this, if CIC perceives any indication that an applicant has some alternative travel document which has not been fully disclosed and presented to CIC, that alone will very likely trigger close scrutiny, RQ, and probably a measure of skepticism in assessing the RQ response. This is something CIC is very much looking for when screening applicants.

Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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