Immigration Tips – Weapons and Explosives Edition

By Author: Admin | September 9, 2014

If you’re an Afghan seeking entry to Canada as a spouse, be prepared to answer the following questions:

11. What weaponsand/or explosives training did you receive and when?

12. What weapon did you carry/use?

Note that there is no opting out of the above question (by, for example, asking if you have ever received weapons training) – in other words. Canada’s immigration department presumes that all Afghan boys over 14 years of age and all Afghan females over 17 have invariably had training in arms and possess such weapons now.

Similarly, there is a presumption that all Afghans have been a member of “a special force, security service (KhAD, WAD), police force (Sarandoy, Ministry of the Enforcement of Virtue and Suppression of Vice), prison force, government or tribal militia, or intelligence organization that was not part of the armed forces of Afghanistan,” OR “a member (civilian or uniformed) of the armed forces of any state…”, OR, “a member of a civilian defense group, a resistance organization or an armed resistance group (includes Mujahideen or any group trained for hostile operations inside or outside [Afghanistan].”

If you answer that you were none of the above, the next question on the CIC form asks, perhaps incredulously is, “Explain how you avoided serving with any side during the conflict in Afghanistan” – in other words, the presumption of Canada’s immigration department is that all Afghans were involved in the many conflicts in Afghanistan, absent an explanation of how they avoided partaking in the conflicts.

CIC asks Afghans (and only Afghans) “Have you ever participated in any type of demonstration? If yes, describe the circumstances, location, date and issue.” I don’t think the term demonstrations includes the kinds that take place at Amway or Tupperware parties.

The above questions are arguably relevant for the purpose of admissibility to Canada (the structural presumptions of wrongdoing notwithstanding).

However, CIC also asks Afghans to act as intelligence agents for the Canadian government with the questions, “Have you ever been involved in or observed the detention of civilians or prisoners of war?”, “Have you ever been involved in, or observed, the interrogation of civilians or prisoners of war?”, “Have any members of your family (parents, aunts/uncles, grandparents, sisters/brothers) held a position with a government of Afghanistan? “ and, “Have you ever been involved in or observed transporting prisoners of war or nvoluntary transportation/relocation of civilians?” – in other words, if you want to be reunited with your Canadian spouse, you may have to become an informant on the goings on of Afghan prisoner inventory, or perhaps rat out uncle Abdul who was a low level cook in an Afghan regiment, or else face misrepresentation.

There are thus structural presumptions in the form (officially known as the IMM 3911E). Another question, i.e. “21. What was your father’s occupation in Afghanistan? “ is something of an enigma. Perhaps it is a throwback to those days where there was a presumption that your father’s occupation gave a clue about your character or economic station in life. More likely, this question is meant to triangulate the Afghan applicant’s circumstances and determine if the Afghan applicant is telling a falsehood to Canada’s immigration department. One falsehood in this form would lead to misrepresentation and a ban from Canada for two years.

Interested in more specific immigration or Canadian visa matters? Contact Chaudhary Law Office.

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I was born and raised in Toronto, Ontario Canada. I am an accomplished author and lecturer and am consulted by the media and other immigration lawyers and consultants on immigration matters and challenging immigration cases, appeals, and federal court matters.

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Client Testimonials


Salam Max

MY spouse [xxxxxx] has received her passport back with the immigrant Visa and landing papers and other related doxs. All of the dox are attatched for your references. congratulations and Thanks Thanks Thanks

-Hamid



Hello again Max

I just wanted to thank you again for your exertions yesterday and for all your preparation leading up to the hearing. I felt that I was well represented and that you articulated the issues and the argument for my case very clearly. Look forward to hearing from the judge next. Hope you are feeling better today,

-Anne Marie


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