Punjabi man denied visa to attend brother’s funeral in B.C.

Published: January 3, 2013

LARISSA CAHUTE
VANCOUVER DESI

Three brothers Avtar Singh Saini, Surjit Singh Saini and Mani Singh Saini currently in B.C., hold a photo of all five brothers. Les Bazso/PNG

Avtar Singh Saini just wanted his family to be together to mourn the death of his brother.

But the government won’t allow it. Avtar, one of five brothers, lives in Delta, B.C. Two of his brothers, which included Sikander, 52, who suddenly died of a heart attack Dec. 20, are Canadian citizens living in the Lower Mainland. Another brother is in Dubai and the other, Jasbir Singh Saini, 55, is in Punjab, India.

Sikander’s funeral was Dec. 29 and while the brother in Dubai got a temporary visa from Citizenship and Immigration Canada, Jasbir was refused — repeatedly.

On Dec. 24, 2012, Jasbir’s refusal letter from CIC said “you have not satisfied me that you would leave Canada at the end of your stay as a temporary resident,” listing as reasons his “family ties in Canada and in your country of residence” and Jasbir’s and Avtar’s financial assets.

He applied again, with Avtar proving financial stability, along with a supportive letter from Surrey-North MP Jasbir Sandhu. But Jasbir Saini was denied again on Dec. 27 and missed his brother’s funeral.

“He was alone over there and that was a hard time to him,” said Avtar. “This is a hard time for the family.”

Avtar is still “in shock” over his brother’s sudden death and is worried about Jasbir Saini having to grieve alone.

Avtar can’t understand why his brother was denied because he has a career, wife and two kids in India and needed to return by Jan. 12.

“His life is in India,” said Avtar.

The continual refusals “disturb” Sandhu.

“Having that visa rejected, it just made me feel really bad because I think the grieving process in situations like this a family needs to be together,” he said. “We are a compassionate country, we’re compassionate people as Canadians and we should allow families to grieve together … I think that’s the least we could have done.”

And it’s “not a one-time issue,” said Sandhu — he’s been approached by other families in the same situation.

“The system is not working at all,” he said.

So when Sandhu goes to Ottawa he plans to bring the “ongoing issue” forward to the Minister.

“These situations call for a compassionate response … and it just puzzles me — disturbs me and (the system) definitely needs to be changed,” he said.

According to local immigration lawyer Richard Kurland, applications going through Chandigarh, India — like Jasbir Saini’s — are judged harshly because it’s “fraud capital.”

“Every day they see scam, after scam, after scam,” he said. “But there’s a cost of doing business when you’re in a fraud zone — and the innocent suffer.”

To get around refusals, Kurland’s first suggestion is DNA testing — if the issue is whether the applicant is actually related. But the method Kurland often uses is placing a bank draft to the receiver general that can only be returned once the person in question leaves Canada. He suggests $10,000 to $25,000.

“It’s not enough to be a sponsor where you promise to pay — you have to put the cash up front so there’s no enforcement issue, there’s no ifs, ands or buts — the guy’s not out? The money’s gone.”

But for multiple refusals like Jasbir Saini’s, “it’s really hard to overcome the prior refusal,” said Kurland. “You really have to jump through hoops.”

Often the only answer is federal court, which is expensive and can take a year — which won’t help the Sainis.

But Avtar is going to keep at it until Jan. 12.

“Still I am trying to (bring him to Canada) even for a few days… just to be around (his brothers),” he said.

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