I finally have legal council but since this is a last minute occurrence, my refugee hearing date will be postponed. Hopefully this is a positive step as I have had a downturn in events over the past month. I've broken my ankle and am now in a "walking cast" which makes mobility a serious issue (I didn't get the fancy "air cast" the hospital offered because I didn't have $150 to give them.) I also have not had internet access at home since July so I've had to go out to look up articles and use printing services. Add a chronic mystery illness to the pot and you've got disaster for a pro se litigant. There are a lot of things that I want to do but my state-of-mind is not up for it. I am getting by for now and I suppose that is going to have to do.
Wednesday, August 31, 2011
Tuesday, June 21, 2011
Legal issues...
I have been trying to find a decent lawyer to help with my refugee claim since last year. I found a lawyer that agreed to take my case but after a few meetings with him, I discovered that he gave poor advice (I sought a second opinion to confirm that) and he was more interested in the "high profile" potential of my case than in my safety. I dropped him, quickly. I have received a few referrals to lawyers since then but none have agreed to take my case. I have gotten everything from "this is way over my head" to "legal aid won't approve you" to total silence. I have been approved for legal aid, to the astonishment of refugee advocates and total disbelief of lawyers. I have been told over and over again that I will be discriminated against by legal aid, the IRB, etc. due to my country of origin without consideration for the merits of my claim. So far, the discrimination is solely by the lawyers I have spoken with.
I have read countless articles about the refugee system in Canada (and in other countries.) I am aware that my case will be harder to prove than if I were from a war-torn country. I recognize that legal aid does not pay a lot and many lawyers prefer easy cases to the complex ones. What I am not sure about is the bigger issue: discrimination in the Canadian refugee process or in the legal profession (giving the illusion of greater discrimination by the IRB.) I have read that having a lawyer significantly increases your odds of winning a refugee claim but if your case is complex and you cannot find a lawyer, are these cases being lost due to IRB discrimination or due to lack of decent legal help? What if your choice is between a shady lawyer with bad advice and no lawyer at all? Sometimes a bad lawyer, or a lawyer that has no interest in your case, can cause more damage than having no lawyer at all. Then, when you lose your complex refugee claim without knowledgeable legal representation, the lawyers point and say "see, I told ya' so!"
I will cite articles later (when I sort through the many links I have saved) but what I have seen as the primary reasons for the denial of refugee claims are: the decision-maker you are assigned to and paperwork errors. The first issue is totally outside the control of the claimant, some decision makers simply deny all or nearly all claims. The other issue can be over come with proper council or assistance with the forms. I have received more bad advice than good when seeking help completing these forms. I have even been told to complete questions that did not apply to me (I am not under the age of 18, thank-you-very-much.) I can see why there are so many problems with incorrectly completed forms, in spite of all of the businesses advertising services to help refugee claimants. Add a language barrier and some refugee claimants don't stand a chance.
In regard to other processes required to settle into a new country, I've had to seek advice from multiple sources to work my way through the system (filing taxes, applying for services, etc.) I am shocked at how difficult it is to get good advice. I've gotten blank stares, "I don't knows", people reading forms with me and guessing at correct responses. Pretty much every step of the way I am saying "I wish someone would have told me that months ago." I keep asking questions, doing internet searches, and stumbling along until I hit the right path. If anyone else is having this problem, all I can say is keep at it, keep asking questions and looking for the pieces of the puzzle because it is out there. You might find a good settlement worker who can guide you through the process or you might find one who just shows up for work. If someone gives you questionable advice, ask three more more people (this applies to lawyers too.) Good luck.
I have read countless articles about the refugee system in Canada (and in other countries.) I am aware that my case will be harder to prove than if I were from a war-torn country. I recognize that legal aid does not pay a lot and many lawyers prefer easy cases to the complex ones. What I am not sure about is the bigger issue: discrimination in the Canadian refugee process or in the legal profession (giving the illusion of greater discrimination by the IRB.) I have read that having a lawyer significantly increases your odds of winning a refugee claim but if your case is complex and you cannot find a lawyer, are these cases being lost due to IRB discrimination or due to lack of decent legal help? What if your choice is between a shady lawyer with bad advice and no lawyer at all? Sometimes a bad lawyer, or a lawyer that has no interest in your case, can cause more damage than having no lawyer at all. Then, when you lose your complex refugee claim without knowledgeable legal representation, the lawyers point and say "see, I told ya' so!"
I will cite articles later (when I sort through the many links I have saved) but what I have seen as the primary reasons for the denial of refugee claims are: the decision-maker you are assigned to and paperwork errors. The first issue is totally outside the control of the claimant, some decision makers simply deny all or nearly all claims. The other issue can be over come with proper council or assistance with the forms. I have received more bad advice than good when seeking help completing these forms. I have even been told to complete questions that did not apply to me (I am not under the age of 18, thank-you-very-much.) I can see why there are so many problems with incorrectly completed forms, in spite of all of the businesses advertising services to help refugee claimants. Add a language barrier and some refugee claimants don't stand a chance.
In regard to other processes required to settle into a new country, I've had to seek advice from multiple sources to work my way through the system (filing taxes, applying for services, etc.) I am shocked at how difficult it is to get good advice. I've gotten blank stares, "I don't knows", people reading forms with me and guessing at correct responses. Pretty much every step of the way I am saying "I wish someone would have told me that months ago." I keep asking questions, doing internet searches, and stumbling along until I hit the right path. If anyone else is having this problem, all I can say is keep at it, keep asking questions and looking for the pieces of the puzzle because it is out there. You might find a good settlement worker who can guide you through the process or you might find one who just shows up for work. If someone gives you questionable advice, ask three more more people (this applies to lawyers too.) Good luck.
Monday, June 20, 2011
Taking a breather....
Since I cannot focus my attention on completing short stories, I will try to chronicle my experiences as an American refugee. I have not really covered that topic here because most people who have found this blog come here through my facebook profile where I have mentioned my status. I attended a scheduling conference today, to set a date for my refugee hearing. I know that this is not terribly exciting but I was anxious anyway. I barely slept last night, worrying about how much time I would be given to continue my search for a lawyer, to complete assessments that won't even begin until September, and to compile more documents in support of my claim. I also worried about what information would be discussed in order to set a date since I have a young child that I don't want to expose to any additional stressors.
The short answer is: I won't have as much time as I'd hoped for. I have until early August to submit all evidence and in the event that I do find a lawyer during that time, she would have to be available on the date that I've been issued. No personal information was used in the determination of the hearing date, we were simply assigned the next available date. The only plus side to today was that I reconnected with an outreach worker who I met when we first arrived in Canada. She reminded me that she is available to help and we discovered that we live in the same neighborhood so she could drop by at any time.
If I don't post anything else, I will at least add useful books relating to the topics that I discuss here and in my writings. I am working on a website where I explain the information that I will use in my refugee claim. I hope that my experiences help someone else, I hope that they help me and my son too but I am publishing this to help others. If I reach a positive resolution to this situation then I will have more energy and mental focus to work on my writing projects. Being a refugee is a stressful experience, especially while trying to raise a traumatized child. I expect very little advancement in my case until the deadline to submit my documents but I will post updates as available.
The short answer is: I won't have as much time as I'd hoped for. I have until early August to submit all evidence and in the event that I do find a lawyer during that time, she would have to be available on the date that I've been issued. No personal information was used in the determination of the hearing date, we were simply assigned the next available date. The only plus side to today was that I reconnected with an outreach worker who I met when we first arrived in Canada. She reminded me that she is available to help and we discovered that we live in the same neighborhood so she could drop by at any time.
If I don't post anything else, I will at least add useful books relating to the topics that I discuss here and in my writings. I am working on a website where I explain the information that I will use in my refugee claim. I hope that my experiences help someone else, I hope that they help me and my son too but I am publishing this to help others. If I reach a positive resolution to this situation then I will have more energy and mental focus to work on my writing projects. Being a refugee is a stressful experience, especially while trying to raise a traumatized child. I expect very little advancement in my case until the deadline to submit my documents but I will post updates as available.
Sunday, June 19, 2011
Scared to Leave, Afraid to Stay by Barry Goldstein
Scared to Leave, Afraid to Stay by Barry Goldstein
A book that was highly recommended to me. I am trying to find the time to read it now. This book addresses the obstacles that face women attempting to leave abusive relationships.
A book that was highly recommended to me. I am trying to find the time to read it now. This book addresses the obstacles that face women attempting to leave abusive relationships.
Saturday, June 18, 2011
Mothers on Trial: The Battle for Children and Custody: Phyllis Chesler
Mothers on Trial: The Battle for Children and Custody: Phyllis Chesler
I'd buy this book if I had the money. It sounds like a great read.
I'd buy this book if I had the money. It sounds like a great read.
Author Dave Pelzer visits Joplin to help aid recovery - Herkimer, NY - The Telegram
Author Dave Pelzer visits Joplin to help aid recovery - Herkimer, NY - The Telegram: "Author Dave Pelzer visits Joplin to help aid recovery"
Author of "A Child Called It" helps tornado victims.
Author of "A Child Called It" helps tornado victims.
It's been awhile...
I realize that I have dropped the ball on this blog. As much as I want to document my progress in my new life, I feel that there really hasn't been any (progress.) I have been unable to find a decent lawyer, I have been playing phone tag with the legal department of a domestic violence group, so I am left researching and dealing with my legal issues alone. I have an appointment with the IRB on Monday to set a date for my hearing and, since I have no lawyer yet, I cannot select a date that a lawyer will be ready to attend. I am pretty much stuck doing this pro se. This is such an important case for me that I spend all of my free time looking up cases and articles that I might use in my claim. My son's issues have also become more pronounced since he started therapy here so I have very little free time to be my own lawyer. This means that I have gotten zero leisure writing (or reading) done recently. I have not been sleeping well due to the anxiety of all of this, brain function has gone below fifty percent. When I do manage to fall asleep, I have the strangest dreams. Hopefully I will find a positive resolution to one or more obstacles before the next one surfaces.
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