I knew a man by the name of Monclair - a very good guy - from France.
Anyway, I'm not a Canadian, I'm an American and I don't know anything
about Canadian immigration laws and I don't know much about US
immigration laws either.
However, you mentioned that you have not seriously pursued applying
for asylum as a refugee. I'm only asking why you have not. I know
that in the United States the definition of applying for asylum can be
interpreted quite broadly. (And I don't mean broadly in the sense
that you can bend the truth but in the sense that maybe your friend
actually does have valid reason to apply for asylum and you just don't
know it).
In the The Immigration and Nationality Act of the United States, it
defines a person as being eligible for asylum as someone "who is
persecuted or who has a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular social group,
or political opinion. The term "refugee" does not include any person
who ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion, nationality,
membership in a particular social group, or political opinion. For
purposes of determinations under this Act, a person who has been
forced to abort a pregnancy or to undergo involuntary sterilization,
or who has been persecuted for failure or refusal to undergo such a
procedure or for other resistance to a coercive population control
program, shall be deemed to have been persecuted on account of
political opinion, and a person who has a well founded fear that he or
she will be forced to undergo such a procedure or subject to
persecution for such failure, refusal, or resistance shall be deemed
to have a well founded fear of persecution on account of political
opinion."
I don't know how Canadian law reads, but it may be similar.
I also don't know your friend's exact situation, but Nigeria hasn't
had the most tolerant government or the most peaceful conditions.
Talk with your friend about his experiences and ask him about events
in his life, especially around the upheavals of 2001. Talk about the
issues of religion. Is he muslim? Is he christian? How has his life
been affected by that? What area of Nigeria does he live in? Some
territories such as Benue have undergone especially hard times. There
may be issues that for him are common-place in Nigeria and for him do
not initially dawn on him as being hardships. What about higher
education or better jobs? Is he denied higher education in Nigeria
due to social status or economic status?
An important word in the US definition is "fear." In the US at least
it is not necessary to show that your friend is currently persecuted
in order to gain status. If you can show that there is reason to fear
he will be, that can work. Has the government shown an intolerance in
the past towards groups to which he belongs? Is there any reason for
your friend to fear restrictions from a pro-muslim pseudo-theocracy?
Another thing to look at is "social group" and "political opinion".
Social group can be very comprehensive. Is he gay and is that an
issue which would cause or does cause problems? Social group can also
cover gender. As a man, is there reason to fear - for example, the
liklihood or possibility of him being forced to serve in the military
for a government he does not support? What about political opinion?
Does he have opinions that he cannot completely express? Would he
like to be able to publicly denounce the government or an individual
within the government but fears doing so because he may be punished?
Anyway, this may all be not new and completely unhelpful for you. I
just thought I'd try to make you second think the refugee option. And
of course you'll need to talk to someone who really knows this stuff
about Canadian law and not someone who pretends to know this stuff
about American law.
Oh, and as for the comment from Steph, just dismiss it. I'm the son
and grandson of refugees. My family never lived off welfare. They
worked hard and now I and my six siblings go to top schools and hold
jobs such as lawyers, doctors, and engineers. Although my
grandparents never learned to read or write english, they are two of
the strongest patriots you could ever meet. The United States and
Canada have both been built on the backs of hard working immigrants
grateful for the chance to (even if Steph snubs her nose at them).
p.s. In the US you can get legal advice dealing with immigration
partially or fully subsidized. see
http://uscis.gov/graphics/lawsregs/advice.htm Maybe there is
something similar in Canada. Also check into international NGOs.
Good luck! |