Letter to the Minister of Immigration 02192008

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CSIP THE CANADIAN SOCIETY OF IMMIGRATION PRACTITIONERS -1066 West Hastings Street | Suite 2000- floor 20 th or 23 rd | Vancouver, BC, V6E 3X2 Ph 604-601-8264 Fx 604-582-4898 [email protected] www.csip.ca February 19 th 2008 The Honourable Diane Finley, P.C., M.P. Citizenship and Immigration Canada Ottawa, Ontario K1A 1L1 SOS Dear Honourable Diane Finley I am the chairperson of the Canadian Society of Immigration Practitioners, a worldwide organization of 9120+ and specialized immigration specialists active in part in pro-bono work. We are now representing Mr. Sergiu Vacaru, the renowned scientist, his wife and three children who have been ordered deported by Citizenship and Immigration Canada to leave Canada on March 11, 2008, and returned to Romania. We are attaching for your consideration a 12 -page resume illustrating the painful story and the incredibly unjust account of this family immigration painful treatment of their lives as a family. On November 8, 2005, Mr. Vacaru and his family arrived in Canada with a one-year visitor visa issued to him as a visiting international professor. The visa was later extended for an additional period of one year, and could have been extended further upon request On January 4, 2006, the Vacaru family were forced to request for refugee protection from Canada, since Mr. R. Moldova won the elections in Romania; it became obvious to the family that they could not return to their country or origin for fear of their lives.

Transcript of Letter to the Minister of Immigration 02192008

Page 1: Letter to the Minister of Immigration 02192008

CSIPTHE CANADIAN SOCIETY OF IMMIGRATION PRACTITIONERS

-1066 West Hastings Street |

Suite 2000- floor 20th or 23rd|

Vancouver, BC, V6E 3X2

Ph 604-601-8264 Fx 604-582-4898

[email protected] www.csip.ca

February 19th 2008

The Honourable Diane Finley, P.C., M.P.Citizenship and Immigration CanadaOttawa, OntarioK1A 1L1

SOSDear Honourable Diane Finley

I am the chairperson of the Canadian Society of Immigration Practitioners, aworldwide organization of 9120+ and specialized immigration specialistsactive in part in pro-bono work.

We are now representing Mr. Sergiu Vacaru, the renowned scientist, his wifeand three children who have been ordered deported by Citizenship andImmigration Canada to leave Canada on March 11, 2008, and returned toRomania.

We are attaching for your consideration a 12 -page resume illustrating thepainful story and the incredibly unjust account of this family immigrationpainful treatment of their lives as a family.

On November 8, 2005, Mr. Vacaru and his family arrived in Canada with aone-year visitor visa issued to him as a visiting international professor.The visa was later extended for an additional period of one year, and couldhave been extended further upon request

On January 4, 2006, the Vacaru family were forced to request for refugeeprotection from Canada, since Mr. R. Moldova won the elections in Romania;it became obvious to the family that they could not return to their countryor origin for fear of their lives.

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In 2007, the plaintiff requested from the authorities in power to considerhis application for Humanitarian Considerations, but without success.

On May 7, 2008, the Refugee Board decided to deny their case since it wasthe opinion of the Board Member that they could be returned without risk,and could consider obtaining a second citizenship. This principle is notfounded since Romania denies this privilege to such class of persons.

On February 13, 2008, Citizenship and Immigration Canada refused thePRAA program application based on new facts, and they were informed thatthey should leave Canada by March 11, 2008, under escort, for Bucharest.

Since Mr. Vacaru and family were represented by a consultant, Mrs. StelaColdea (who is not an attorney but a member of the Canadian Society ofImmigration Consultants). She is not authorized to deposit an Applicationfor Judicial Review with the Federal Court in order to appeal PRAA. It isalso a known fact that Legal Aid lawyers do not submit Appeals at thisstage of the proceedings.

Mrs. Coldea is to be blamed for not having explained to her client that shewas not qualified to deposit the PRAA appeal to Federal Court, and sheshould have recommended Mr. Vacaru to a lawyer who would do this type ofintervention.

She is in breach of the Association's Rules of Professional Conduct, Part 3,articles 2 and 3: "where an immigration consultant should only acceptassignments for which she is qualified and will recommend otherprofessionals to be retained wherever their special knowledge and skill isrequired by the client"

WE URGE YOU TO STOP THE REMOVAL OF MR. VACARU FAMILYMEMBERS, BECAUSE IT IS EVIDENT THAT IF THE FEDERAL COURTHAD RECEIVED AN APPEAL MADE BY A DULY AUTHORIZEDCOMPETNET REPRESENTATIVE, THE OUTCOME WOULD BEDIFFERENT.

Citizenship and Immigration Canada is accused of negligence by creating aclass of representatives that do not have the qualifications and experienceto execute valid immigration activities on behalf of their clients. TheDepartment is also endorsing the loss of pro-bono specialists who couldexecute the Appeal correctly and without charge.

Citizenship and Immigration has damaged the window of opportunitiesoffered to Canada to a well-known, qualified scientist. PLEASE GIVE HIM

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AND HIS FAMILY AN OPPORTUNITY TO CONVINCE YOU THATCANADA CANNOT, UNDER HUMAIN CIRCUMSTANCES AND A SENSEOF EQUITY, RELOCATE THE FAMILY TO AN UNSAFE,UNPRODUCTIVE AND UNWELCOMING COUNTRY, WHERE THEIRLIVES WILL BE FOREEVER DESTROYED.

You have the power and the inner conviction to stop this atrocity. Thankyou.

Yours truly,

N. Salloum

Nuha Nancy SalloumRegistered Federal Lobbyist in houseCSIP Chairwoman

References attached hereinReference: csic memberStela Cikdea59 Warner Ave,Toronto, Ontario M4A 1Z5TEL: 416-288-9545

----- Original Message -----From: <[email protected]>To: <[email protected]>; <[email protected]>Sent: Monday, February 18, 2008 11:39 PMSubject: More detail...

name: Sergiu Vacaruemail: [email protected]: 1-6473406754comment: Dear Sir/Madam,

Let me introduce as Dr. Sergiu Vacaru. I came to Canada (together with mywife and 3 kids) as a visiting international professor. I had to claim refugeestatus because the communist party won again elections in R. Moldova and Icould not return to my country of origin. My IBR and PRRA applications weredenied, even they stated the risk to be returned to Moldova, because fromformal point of view we have Romanian passports (there were issued suchpassports to more than 1 million Moldovan citzens, but such second

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citizenships are not effective because we are not allowed for domicile inRomania). We do not have the right to return to Romania - they can notafford to take 1-2 millions of immigrants. More than that, on February 13,2008 Romania enforced a law on extradition of her citizens to R. Moldova ifthey have also Moldovan citizenship. In Internet there are described casewhen people were extradited to the communist officials and tortured there.

In the past I was arrested and tortured by the communist secrete service,because of anti-communist and human right activity, and deported withfamily from R. Moldova. I was with a number of NATO scientific fellowshipsas a "scholar at risk" who can not return to his country of origin because ofpolitical and human right issues.

Unfortunately, I had a CSIC council, Coldea Stela, who asked $3500 then uptill $10000 for her services to stop removal order, H&C and PRRAapplications. She constantly lied and falsified my files.

I'm the author of 4 books and more than 100 publications on physics andmathematics (I published a book and 11 articles in Canada, during 2 years). Ihave Letters of Recommendation from famous Canadian, USA and Romanianprofessors stating my international level and risk status.

Please, I ask kindly for urgent Pro Bono service to lodge applicationsfor judicial review and stay of execution of removal order. I do not havemoney to pay a lawyer. The applications must be lodged by February 25,2008. My family removal is scheduled for March 11, 2008.

Please contact me via e-mail or phone for details, if it is necessary.

I ask you at least to inform promptly if you can help, or not, with politicalrefugee cases.

Thank you for your assistance.Sincerely yours,Sergiu Vacaru

108-1490 Eglinton Av. W, Toronto, M6E-2G5

e-mail: [email protected]. 1-6473406754

----- Original Message -----From: <[email protected]>

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To: <[email protected]>Sent: Tuesday, February 19, 2008 12:04 AMSubject: Fwd: Vacaru: Application for Appointments and Letters of Support

> To: Nuha Nancy Salloum 604-601-8264, 604-582-4898> Registered Federal Lobbyist in house> CSIP Chairwoman> 2000-1066 West Hastings Street> Vancouver, BC V6E 3X2, Canada>>>> Dear Ms Nuha Nancy Salloum,>> Please, I ask you kindly if you could help with any CSIP support,> including ugent applications (till February 25, 2008)> 1) to judicial review. to Federal Court, Toronto, of a decision to> deny the PRRA application> 2) application for a stay of removal to the Federal Court pending> judicial review of the PRRA decision.>> The related details are given in the attached files.>> I ask for Pro Bono service because I'm not able to pay for> immigration services. Please inform promptly about your> positive/negative decision.>> Thank you for your assistance.> Sincerely,>>> Sergiu Vacaru, Client ID 5593-1309, Birth date: June 10, 1958 in> Republic of Moldova>> Home address: 108-1490 Eglinton Avenue West, Toronto, Ontario, M6E2G5> home tel. 1-6473406754,> e-mails: [email protected], [email protected]>>>> ---------- Forwarded message ----------> From: <[email protected]>> Date: Feb 16, 2008 1:53 PM

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> Subject: Vacaru: Application for Appointments and Letters of Support> To: [email protected], [email protected], [email protected],> [email protected], [email protected],> [email protected], [email protected],> [email protected], [email protected], [email protected],> [email protected], [email protected], [email protected],> [email protected], [email protected], [email protected]>>> Dear Honourable Officials,> Sirs and Madams,>> Please I ask you kindly to consider the attached PDF file with details> and provide possible support in stopping removal order, appointment by> authorized persons, access to justice, H&C residence in Canada,> Letters of Support.>> In the attachment I present a recent, from February 11, 2008, finally> enforced Romanian Law nr. 302/2004 allowing extradition of Romanian> citizens with a second citizenship of R. Moldova to extradite> anti-communist dissidents to be tortured in R. Moldova on false> criminal charges.>>> 1. Should be deported from Canada an Internationally recognized> scientist, wife and 3 kids, and extradited for torture for> anti-communist/ human right activity?>> 2. Why former and new evidences are not considered and not allowed> appointments to Ministers of Citizenship & Immigration and Public> Safety of Canada ?>>> Thank you for your assistance.>>> Sergiu Vacaru, Client ID 5593-1309, Birth date: June 10, 1958 in> Republic of Moldova>> Home address: 108-1490 Eglinton Avenue West, Toronto, Ontario, M6E2G5> home tel. 1-6473406754,> e-mails: [email protected], [email protected]>

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>>> --> Sergiu Vacaru>

No virus found in this incoming message.Checked by AVG Free Edition.Version: 7.5.516 / Virus Database: 269.20.7/1286 - Release Date: 2/18/20086:49 PM

February 15, 2008Questions: 1. Should be deported from Canada an Internationally recognizedscientist, wife and 3 kids, and extradited for torture for anti-communist/human right activity?2. Why former and new evidences are not considered and not allowedappointments to Ministers of Citizenship & Immigration and Public Safety ofCanada ?To: 1. Honourable Stephen Harper, Prime Minister of Canada, Office PM, 80Wellington Street, Ottawa, Ontario K1A 0A2, Fax: 1-613-941-6900,[email protected]: Urgent Appointment by Prime Minister of Canada, stopping removal2. Honourable Diane Finley, P.C., M.P. Minister of Citizenship andImmigration Canada Ottawa, Ontario K1A 1L1, Tel: 1-613-996-4974, 1-613-9541064, fax: 1-613-996-9749, 1-613- 9525533 (docs), [email protected],[email protected], [email protected] Subject: Urgent Appointment byMinister CIC, stopping removal, for H&C residence3. Honourable Stockwell Day, P.C., M.P., Minister of Public SafetyHouse of Commons, Ottawa, Canada K1A 0A6Copy: Tanisha Pascal-Nelson, Enforcement Officer #20030 CBSA,Tel. 1-905-405-3651, Fax: 905-405-3535, e-mail: [email protected]: 1) Urgent Appointment by Minister PS on stopping removal order2) New Evidences after PRRA, appeared on February 13, 2008

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4. Honourable Allan Lufty, Chief Justice, 180 Queen Street West, Suite 200,Toronto, Ontario,M5V 3L6, [email protected] , Subjects: access to justice, judicial reviewPRRA & stay of removal5. Honourable Joe Volpe, P.C., M.P.Room 174, Confederation Building, House of Commons, Ottawa, Ontario K1A0A6Tel: 1-613-9926361, 1-416-7815583; fax: 1-613-9929791, [email protected], [email protected]: stopping removal/ appointments by Ministers PS and CIC, for H&Cresidence6. Mr. Peter Mansbridge – The National (HD), www.cbc.ca ,e-mail contact: Jonathan Witten, [email protected],[email protected]: appointment by Mr. Peter Mansbridge, public support in stoppingremoval7. Amnesty International, 312 Laurier Avenue East, Ottawa, Ontario,Canada K1N 1H9,Tel.: 613-744-7667, 1-800-266-3789, Fax.: 1-613 746 2411, e-mail:[email protected] Office: Amnesty International 14 Dundonald Street, Toronto, ON,Canada M4Y 1K2Tel. 416-363-9933, fax: 416-363-3103, e-mail: [email protected],[email protected]: Letter on personal risk, support for appointment to Ministers CICand PS8. Scholars at Risk Network, c/o New York University, 194 Mercer Street,Room 410, NewYork, New York 10012, USA, +1-212-998-2179 (phone), +1-212-995-4402(fax),[email protected], [email protected], http://scholarsatrisk.nyu.edu,Subject: Letter for scholar at risk, support for appointment to Ministers CICand PSFrom: Sergiu Vacaru, Client ID 5593-1309, Birth date: June 10, 1958 inRepublic of MoldovaHome address: 108-1490 Eglinton Avenue West, Toronto, Ontario, M6E 2G52home tel. 1-6473406754, e-mails: [email protected],[email protected] FOR APPOINTMENTS BY MINISTERS, MP,SUPPORT FOR STAY OF EXCECUTION OF REMOVAL ORDER,PERFORMING RESIDENCE IN CANADATable of Contentpage

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Addressees………………………………………………………………………………..11. Summary ofFacts…………………………………………………………………………….22. New Evidences after February 11, 2008 (on extradition from Romania to R.Moldova)……33. Risk related to impossibility to perform domicile inRomania……………………………….54. Impossibility to Apply for Judicial Reviews and Appointments to MinistersCIC, PS, MP…65. Impossibility to Legal Assistance for Judicial Reviews andAppointments………………… 66.Requests………………………………………………………………………………………7Appendix I. Translation from Romanian into English of Documents 1-4(extradition)………...7Appendix II. Comments and Translation in English of Documents 5-8 (Romanian domicile)…9Pages: 7 (facts) + 5 (appendices) = 12 pages (total)1. Summary of Facts Sergiu Vacaru, and his wife and 2 children (latter wasborn the 3 one), after a number of arrests and torture, being taken all theirproperty, were deported from R. Moldova in 2001, by the communistgovernment because of anti-communist and human right activity andcollaboration with Western Countries Scientists. Romania issued them asethnic Romanians the second citizenship with traveling passports (statingpermanent residence in R. Moldova) which according the Romanian law doesnot give the right for domicile, work, education and social assistance. During2001-2008, S. Vacaru had the status of “scholar at risk” (a scientist who cannot return to the Country of origin because of political/ human right…motives). Together with his family, he was with special scientific grants inPortugal and Spain supported by NATO and UNESCO – they had temporarystudy/ family visas without right to perform permanent residence, withexceptions from work permits, and prohibitions (in those Countries) to lodgeClaims of validity status during validity of temporary visas.S. Vacaru and family arrived in Canada in November 8, 2005, having a oneyear visa as a visiting international professor. They had to lodge the Claim ofRefugee status on January 4, 2006 after the communist party won again theelections in R. Moldova and became clear that they could not return to thatCountry. In May, 2007, IBR Toronto stated credible S. Vacaru’s testimonywith respect to R. Moldova butdecided that they could return to Romania without risk. The IBR had nottaken into consideration the facts the second citizenship is not effective (i.e.does not allow domicile/work… in Romania) and that Romania extradites

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such persons to R. Moldova. There are more than 1 million of ethnicRomanians in R. Moldova with/applied for second citizenship and they arenot allowed to live in Romania, or to travel in Europe, because theirpermanent residence is in R. Moldova. S. Vacaru was not allowed to presentvery important documents and new evidences to IBR, Federal Court, orPRRA processes: For instance, Documents 1-4, see Appendix I, i.e. theRomanian Law nr. 302/2004, on extradition, were issued in Internet afterFebruary 13, 2008, when already was issued the removing order for March11, 2008, from Toronto to Romania).The Document 1-4 (extradition), Romanian Law nr. 302/2004, and 5-8(domicile in Romania), were finalized/updated in 2008 and state explicitlythat S. Vacaru and family will be re-deported to R. Moldova where there arerisks for their life, to be tortured and inhumanly treated. Even Romaniabecame on January1, 2007 a member of European Union, this Country does not protect equallyall its citizens: those with double citizenship and permanent residenceoutside Romania can be extradited and do not have the automatic right toestablish a domicile in Romania.3It should be noted that during 2 years in Canada, S. Vacaru worked as avolunteer visiting Researcher at the Fields Institute of University of Toronto,because the immigration status had not allowed him to be really eligible forlong term/permanent positions in science. In Canada, he performed 30scientific works,published a book and 11 scientific articles were already published/acceptedfor publication. He has an internationally recognized scientific name (thereare letters of recommendation from top professors in Canada, USA,). During25 years of scientific activity he published more than 100 scientific works,including 4 books. This family is very skilled (persons with PhD on physics,husband, and nurse degree, wife, are on priority list for skilled immigration,but they can not apply for it from outside). It would be a real benefit forCanada if they having permanent residence will arrange job positions - theyalready integrated in this society.Beginning October, 2007, S. Vacaru tried tenths of time to get appointmentsto the Minister CIC, Public Safety, Members of Parliament with the hope toexplain his situation and to ask for permanent residentstatus also on Humanitarian and Compassion grounds (such a file is on therole) – but he has not yet obtained appointments at high rank official inCanada. This family has not a real possibility to define their rights in Justice:all lawyers and councils they contacted requested a fee of 10, 000 CAD, whichis impossible for persons working as volunteers – to apply for PRRA judicialreview and judicial stay of execution of removal order without lawyer it is notallowed. A number of former and new very important evidences were notconsidered in the judicial process.

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It is a very inhuman situation when an internationally recognized professor,with his family with children of 5, 8 and 9 years old children, will loose againall their goods in Toronto (the communists in the part took all properties oftheir grand-fathers, fathers, during Stalins’s deportation to Siberia, then ofthis family in 2001,and the situation is to be repeated in Canada, without communists and inspite of the fact that this family has violated none law of this Country butonly asked for protection): with two suitcases less 50 pounds will be removedto Bucharest where they do not have the right for domicile and works, noneproperty. The standard procedure following the mentioned Romanian Law nr.302/2004 will result in their extradition to the communist Moldova, wherethey will be tortured and treated inhumanly. Canada should not allow this.We ask for all possible support to stop the removal order and giving the rightto obtain permanent residence within Canada. We also ask for possibleappointments and letters of support.2. New Evidences after February 11, 2008 (on extradition from Romania to R.Moldova)S. Vacaru and T. Gheorghiu were handled the PRRA negative decision onFebruary 13, 2008 by Tanisha Pascal-Nelson, #20030, Inland EnforcementOfficer. They were informed that they (and children) must live Canada onMarch 11, 2008, being removed by Canadian officials to Bucharest, Romania.The end of that day, S. Vacaru found in Internet an updated information onRomanian Law nr. 302 from June 28, 2004 on “International Cooperation inJustice on Criminal Matter”, with statements of Constitutionality from 2008(see Documents 3 and 4, published in Romania,respectively, on January 3, 2008 and February 11, 2008), which present newevidences related to their case. The information appeared after the IBR andPRRA decisions were taken.The official internet cite of the Romanian Parliament http://www.cdep.ropresents the list of discussion of that Parliament and acceptance by theRomanian Government of the Law nr. 302/2004, seehttp://www.cdep.ro/pls/legis/legis_pck.htp_act?ida=50442It should be also noted that even the Parliament and Government of Romaniadiscussed during three years and, in general, accepted the Law nr. 302/2004in 2004, the firsts not final decisions appeared in Internet only by September2007, when Romania was able to organize a system of Web information aboutMonitor Official, publishing Laws and important decisions, having4support of the European Community, after Romania became member onJanuary 1, 2007). Such information, and in general the problem of more than2 millions of ethnic Romanians from R. Moldova (half of them having/searching the second Romanian citizenship, domicile and protection inRomania and other Countries) is not covered by “U.S. Department of State,

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Country Report on Human Rights Practices, Romania, 2006” (used by theJudges, Lawyers and Officersinvolved in the IBR and PRRA processes) and was not known in Canada.There were a number of attempts (during 2004-2008) to state contradictionsof that Law with the Romanian Constitution (and with the EuropeanConvention of Human Rights, for instance, the statements of Romanianconstitution that all Romanian citizens are equal before law and that theycan not be extradited to other Countries), seehttp://www.cdep.ro/pls/legis/legis_pck.htp_act?ida=50442&pag=2but subsequently all such attempts were rejected by the RomanianConstitutional Court. The most recent decisions were published in theOfficial Monitor (in Romanian, M. of.; publishing the accepted Laws andrelated Decisions) in January-February, 2008, see Documents 1 and 2. Thismean that in spite of the fact that Romania became a member of theEuropean Country thisCountry separates its citizens into two categories with different rights andobligation for protection (those who have 1/ one citizenship with permanentresidence in Romania and 2/ more than one citizenship with permanentresidence outside/in Romania). In the case 2/, Romania extradites its citizensto other Countries on request of general prosecutors of those countries. Forinstance, Document 4, which can be found in Internet in Romanian (we givetranslations of all relevant documents in English, see Appendices I and II).Let us explain how two Articles (24 and 108) from nr. 302/2004 will sureaffect negatively Vacaru’s family and result in actions which will subjectthem to inhuman treatment and torture.The article 24 allows to re-deport citizens of Romania to the County of firstcitizenship and permanent residence (for this case, R. Moldova). In January28, 2007, S. Vacaru had a discussion with people from Moldavian Embassy inToronto (it was described in C83, IBR file): they threatened him also with arequest to Canada on extradition from R. Moldova. Sure, a similar requestwill be to the Romanian officials being lobbed by the pro-Russian officials,formercommunists, in Romania. Taking into account that S. Vacaru’s family evendoes not have domicile in Romania, being sent to Romania, theyautomatically will be extradited to R. Moldova, on the place of permanentresidence.The Law 302/2004 was not analyzed by the IBR judge. She only statedformally Art. 19 from former Law, which was recently (February 11, 2007)finally modified, that “No Romanian citizen may be extradited or expelledfrom Romania” and Art. 16 “Citizens are equal before the law, et al;” Butfollowing the final decision from February 11, 2008, we can see that inRomania there are enforced laws contradicting the Constitution andInternational Conventions, when there

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are citizens of two categories (with domicile and not domicile in Romania),with different rights, and the second category are usually extradited if thethere are requests, or false criminal charges.Not having the right for domicile (with resulting rights for work, education,medical assistance, accept to justice as citizens with domicile in Romania….),the second category of citizens are constrained to leave Romania and go to theCountries of permanent residence.5The recently re-enforced law and practice (on extradition and domicile) inRomania sure will result in extradition of S. Vacaru’s family to R. Moldovawhere there is risk for torture and inhuman treatment.One should be noted that there are newspaper materials but not expertopinions that more than half of population (by 2 millions) of R. Moldova,applied/obtained the second Romanian citizenship with none rights to liveand work in Romania or travel without visas to Western Europe. Because ofeconomical and political problems, Romania can not accept a lot ofimmigrants. This Country is still under monitoring for corruption and humanright problems. The former high rank communist and military leaders(former president I. Iliescu, generals Chitac and Stanculescu) who killed a lotof people during anti-dictatorial revolution have not been judged yetand have much influence. Because in his human right activity, S. Vacaruaffected high rang Romanian officials he and family can be roughlypersecuted if they shall return to Romania. One should be taken also inaccount the humanitarian considerations on S. Vacaru’s minor children –being returned to Romania, without salary for parents, place of living, nonepermission for work and domicile – it will be a very difficult situation,including the danger to be extradited to R.Moldova.3. Risk related to impossibility to perform domicile in Romania , TheRomanian Law on citizenship is not effective with respect to the citizens withpermanentresidence in other countries and the Romanian immigration officials re-deport persons to the Country of their first citizenship and domicile. Thereare two categories of citizens: those with domicile in Romania (who have thecomplete set of rights granted in correlation to the European Communitystandards) and those with domicile/permanent residence outside Romania(such persons do not have the rights to work in Romania, to have social andmedical assistance, to studywithout special permit, to apply in a usual form to justice, …., to participateat elections and so on). All proofs were additionally submitted to the IBR file,but it was a de facto error in decision when it was stated that our family hadpermanent residence in Spain which would allow to perform domicile inRomania (we never had other permanent residences excepting R. Moldovaand, wife, Ukraine – this can be verified in our passports).

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For instance, Vacaru’s family in order to perform domicile in Romania mustpresent documents attesting domicile in Canada (identity documents orRecord of Landing). Not having a mentionabout mentioned domicile abroad, they will be not eligible for application ofthe Law on returning to motherland. They must have sources to buy ahouse/flat in Romania, where should perform domicile, which is impossiblefor them who were deported from R. Moldova. The Romanian officials will notconsider mention on “domicile in Spain” because that was not a real domicilewith Spanish identity documents, visas and records. Not having a place tolive in Romania, theywill be sent to R. Moldova and Ukraine on the places of permanent residence,respectively, of S. Vacaru and T. Gheorghiu, where they positively will be atrisk.My family would be exposed to a compelling personal risk to their life (tortureand inhuman treatment and punishment) if we shall l be returned to R.Moldova or Romania (from where we will be re-deported on place permanentresidence in Moldova, because S. Vacaru and two children, from 3, havetheoretically permanent residence in R. Moldova) – in the past they werecruelly treated in Moldova and Romania illegally not accepted them fordomicile and work.In Appendix II, we comment in detail and present translations of relevantDocuments 5-8 on domicile in Romania.64. Impossibility to Apply for Judicial Reviews and Appointments to MinistersCICand PS, MP in Canada A decision to deny the PRRA application may besubject to judicial review. Although the individual must leave Canada, asrequired by the removal order, he may apply for a stay of removal to theFederal Court pending judicial review of the PRRA decision. Unfortunately, itis not allowed to start without a lawyer a Judicial review process before theFederal Court and lodgean application for a judicial stay of execution of a removal order. Legal Aiddoes not support claimants at this stage. The bulk of claimants of refugeestatus are prohibited from access to justice if they do not have a lot of money.It should be noted that S. Vacaru applied more than 5 times, beginningOctober 2007, via e-mail, fax, phoning at receptions asking to getappointments at Minister CIC, Minister Public Safety and other higher rankofficials to explain the situation and present new evidences.5. Impossibility to Legal Assistance for Judicial Reviews and AppointmentsI found this information in: http://canadaimmigrationissues.blogspot.com/CSIC information –discussion blogCSIC is not a viable society . We can not trust this organization membersprofessionalism, their executives are liars, uneducated, holders of schooldiploma, so they do not have any high credential to assist your immigration

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needs, beware of paying a CSIC member before you check with BBB BetterBusinessBureau, you will be surprised how many federal investigation against CSICmembers, the majorities do not be trusted with your money. Call CSIP 604-601-8264 and ask for Pro Bono service which means you do not pay forimmigration professional service. Unfortunately, I can confirm this Internetinformation: I was not lucky in my attempts to get even paid support fromsomebody authorized to perform PRRA, H&C applications and a Judicialreview process before the Federal Court and lodge an application for judicialstay of execution of removal order. I addressed to:Stela Coldea, Canadian Immigration Consultant, Member of CSIC,59 Warner Ave. Toronto, Ontario M4A 1Z5, tel. 416-288-9545, fax 416-288-4534, e-mail:[email protected] promised 99% success on PRRA and H&C files for 3500CAD, telling thatbecause I have 3 kids, but refused to perform an agreement, then she askedother 1800 CAD for CBSA and finally, 10 000 CAD for the Federal Court. Shewas very unprofessional and mixed everything in the files and applicationsand I got none support (she really stilled “legally” my money).6. RequestsI ask kindly for any possible support with respect to the possibility to presentnew evidences to authorized persons and access to justice and gettingpermanent residence following:71. Appointments by Prime Minister, Minister of Citizenship andImmigration,Minister of Public Safety and territorial Member of Parliament.2. 2. To have access to justice with Judicial review process before the FederalCourt and application for judicial stay of execution of removal order.3. Letters of support as a person/scholar at risk and public support.I emphasize that I ask this in order to get possible protection in Canada formy wife and children. If I do not have credibility, I’m ready to leave myselfCanada and never come to this Country. But in the past I was tortured by thepro-Russian Moldovan security and threatened that they will torture and killmy kids (there were examples when they tortured children before parents inorder to force to get false witness depositions, to constrain collaboration). It isinhuman to subject kids to such treatment (I’m a normal parent). That whyafter 2001 I’ve done all possible to protect them. Appendix I: Translation fromRomanian into English of Documents 1-4 (on extradition) For simplicity, weshall present only the English variant but give the Web cite link with thecorresponding Romanian variants.Document 1. Published: Monitor Official, M.Of. nr. 2/3 ian. 2008,http://www.cdep.ro/pls/legis/legis_pck.htp_act?ida=76726

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Issued: Constitutional Court, DECISION nr. 1.127 from 27 November 2007.Reject the exception of unconstitutionality with respect to dispositions of thetitle III (art. 77-108), Law nr. 302/2004.Document 2. Published: Monitor Official, M.Of. nr. 103/11 feb. 2008,http://www.cdep.ro/pls/legis/legis_pck.htp_act?ida=77610Issued: Constitutional Court, DECISION nr. 36 from 15 January 2008. Rejectthe exception of unconstitutionality with respect to dispositions of art. 881parag. (2), art. 90 parag. (6) şi art. 91 parag. (1)Law nr. 302/2004 Document 3. The form of the sent for certification Law nr.302/2004 can be found:http://www.cdep.ro/proiecte/2004/300/70/7/leg_pl377_04.pdfThere are selected two most important for our case:ARTICLE 24 The Romanian citizens can be extradited from Romania on thebase of International conventions where this Country consists to be a partand on principle of mutual reciprocity if there are satisfied at least one ofthe following conditions:a) for criminal investigation and judging if the requested State gives enoughproofs that in the case of conviction to a prison penalty, by a final judgedecision, the extradited persons will be transferred to execute the penalty inRomania;b) the extradited person has domicile on the requested state on the date offormulation of the requestof extradition;c) the extradited person has also the citizenship of requested state;d) the extradited person committed a violation on the territory or against acitizen of a member state of European Union is the requested state is amember of European Community.8ARTICLE 108Transitory disposition(1) The dispositions of this articles are applied to European orders on arrestand extradition which are issued after the time of entering in force, even theymay refer to facts previous to this date.(2) The procedure of extradition acting in the moment of enforcing this titlewill continue to be solved according the Title II.Document 4.Translation from Romanian to English of the information in Internet about acase of extradition of a citizen with double citizenship or R. Moldova andRomania, from Romania to R. MoldovaRemark: Following modifications and completing to the Law nr. 302/2004 byLaw nr. 224/2006, published in Official Monitor nr. 534 from 21 June 2006and enforced after decision nr. 4727 from August 2, 2007,

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the statement corresponding to art. 24 c) can be found in those of art 24paragraph (1) b.By a judge decision on criminal matter nr. 29 from 12 June 2006, the AppealCourt of Bacau, following art. 54 paragraph (3) from Law nr. 302/2004,accepted the request of extradition formulated by the General ProsecutorOffice of the Republic of Moldova with respect to the named M.M., havingdouble citizenship, Romanian and Moldavian, and decided his extradition tothe Republic of Moldova.The Judge maintained that the Court of Appeal Bacau, following a requestthe General Prosecutor Office of the Republic of Moldova, in its turnrequested extradition of M. M. The Claim of extradition was supplied bycertified copies of the authorized officials of requesting state,following art. 38 paragraph (2) a) from Law nr. 302/2004, of order to putunder criminal investigation, order of arrest, proof of Moldavian citizenship,extract from charges, proofs on domicile in Romania and Romaniancitizenship of extradited person.The court motivated that, following art. 22, art. 24 and art. 54 paragraph (3)from Law nr. 302/2004, the request of extradition is grounded and the factthat extradited person has Romanian citizenship does not prohibitextradition, following art. 23 and art 24 from Law nr. 302/2004.The appeal of the extradited person criticizing the decision because he hasRomanian citizenship is not grounded.Following art. 23 paragraph (1) letter a) from Law nr. 302/2004, one can notbe extradited from Romania the citizens for which there are not satisfied theconditions stated in art. 24 from that Law.Following art. 24 letter c) from Law nr. 302/2004, the Romanian citizens canbe extradited from Romania following international conventions to whichRomania participates and on base of reciprocity, if the extradited person hasalso the citizenship of the requesting state.The Law does not requests to satisfy cumulatively all conditions written inart. 24, but following it the Romanian citizens can be extradited fromRomania if it is satisfied at least one condition, among those the Law liststhat from art. 24 letter c). So, from the file, one follows that M. M. is also acitizen of theRepublic of Moldova.9Having examined the case, the High Court of Appeal and Justice states thatthe Court respected completely and others conditions stated by the law onextradition from Romania, and that in this case there are none grounds tocancel the appealed decisions and, as a consequence, the appeal was rejected.Appendix II. Comments and Translation in English of Documents 5-8(Romanian domicile) Comments:There are different contents in the concept of second citizenship of differentCountries. Every Romanian will tell you that passports are for travels abroad

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and activity in other Countries but not for real life and work/education inRomania, where it is crucial to have a domicile authorized by police(permanentresidence in Romania, similarly to “propiska” in the former soviet republics).There are millions of Romanian citizens with passports but without identitybulletin, i.e. without formal domicile which dos not allow them to bepermanent/long term residents of Romania and have a normal life in thatCountry.The main formal condition to get Identity Bulletin/Card from police inRomania is to have citizenship and the ability to buy/ rent a living place. Buteven such conditions are satisfied they (police and institutions on evidence ofpopulation and issuing work permits) do not take claims or take them morethan 6-7 yearswithout solution. I was very insistent at Bucharest, in 2001, with myattempts to get Identity Bulletins and register marriage in Romania but evenSenators were not able to push the Law to act (even I had legal ground andsupport of human right organizations).I also tried in 2005, from Madrid and Lisbon, given power of attorney to Mr.C. Popa (certified by Consul of Romania in Portugal, one such document iscontained in the IBR file) who was authorized not only to get my familypassports at Bucharest but also to make equivalence of my Universitydiplomas (from Russia and Ukraine) and to perform all related formal actions(including the fact if the Bucharest passport police issued Identity Bulletinsfor my family – the request from 2001). None solution I got even I complainedto the General Prosecutor and Ministers of Internal and External Affairs ofRomania. The illegal actions of high rank officials were also connected withthe right to obtain new Romanian passports and criminalrecords form my family. They finally solved the problem with passports,allowing us to obtain temporary visas for Canada, but none other questions.Now, I shall comment on the provided documents and translations:The Document 5 contains the information from the Romanian Embassy inCanada, section 1.5, with respect to re-establishing of domicile (returning tomotherland) of Romanian citizens being in Canada.It is stated that the claimant will have to go to Romania and to lodge there ata police office the claim for residence/domicile and issuing of identity bulletinfor Romania. It is emphasized that the Romanian diplomatic missions andconsulates abroad do not take such claims but they can certify a power ofattorneyto a person in Romania (in the case of our family, the police of Bucharest hadviolated our rights because they had not accepted power of attorney for C.Popa, from Consul at Lisbon).It should be noted that because our family members have permanentresidences in Romanian passports stated for R. Moldova and Ukraine, theRomanian Embassy in Canada will not discuss with us, because we have not

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residence in Canada. They will send us for discussing with the RomanianConsuls in Ukraine and R. Moldova who are supposed to certify all relateddocuments (this follows from the IMPORTANT remark at the end of thatdocument) – a similar situation happen when we were in Spain and Portugal.The Document 6 contains the information how the returning to motherlandshould be performed. It is stated that the Claim for re-establishing domicilein Romania should be lodged at the police department, providing thedocuments on living space (contract on selling-buying or renting). Weattempted to do that in 2001 at Bucharest but the police have not issued adecision during 7 years.The Document 7 contains the information on documents necessary in order toperform equivalence of education abroad in Romania. It should noted that thecondition of domicile and identity bulletin (BI) is notan abstract one: without them it is not possible to perform validation ofeducation documents (for instance,10a Romanian citizen with residence in Canada or R. Moldova will be notallowed to do it if he will not getdomicile in Romania). The request on BI is stated explicitly in point 6. ofNecessary documents for EQUIVALENCE OF PRE-UNIVERSITY EDUCATION – contrary, the Ministry will not accept theClaim. Even a person wont toperform EQUIVALENCE OF UNIVERSITY EDUCATION abroad, the pointsI.6 and I.7 constrain him tohave BI and make equivalence of pre-university education.The Claimants, S. Vacaru and T. Gheorghiu tried in 2001 (directly) and 2005(via power of attorney) to obtain equivalence in Romania, of their educationin former URSS. The Ministry of Education and Research refused illegally toconsider and solve their claims. The Document 8 contains the information ondocuments requested from a resident (with domicile) in Romania in order toperform a job contract. It is given an example from Polytechnic University ofBucharest, found in Internet. They state explicitly that it is necessary thecopy of bulletin/card of identity. For instance, S. Vacaru in 2001 wascancelled by his job contract at Bucharest because the police had notissued him Identity Bulletin. It should noted that the North AmericanImmigration Officials are not much skilled in the topics of“propiska/ identity bulletins/ domicile / permanent residence” because suchformal concepts and documents do not exist in Canada or USA. Any outlinesof Laws of Eastern European and Balkan Countries, for instance those atIBR Toronto emphasize issues on citizenships but not inform correctly on theconcept of “domicile” which really discriminate people if they are residentsout of the Country of their citizenship. From formal point of view, our familywill be constrained to separate and go back to R. Moldova and Ukraine

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because they were refused to obtain domicile in Romania – they can not workand really live in that Country.Document 5Translation of information from the Romanian Embassy in Canada:http://www.ampli2de.com/embassy/cetatenie_ro.php#151.5 (Re) Establishing of domicile in Romania of Romanian citizens being inCANADA(returning to motherland) The Romanian citizens having permanent domicilein Canada written in passport and possessing record of landing or Canadiancitizenship can re-establish domicile in Romania (returning to motherland).The claim with respect to re-establish domicile in Romania (returning tomotherland) will be lodged directly to the section of police in the place wherethe domicile is going to be established. The section ofpolice will issue to the claimant an identity bulletin and a proof of returningto motherland which will benefit for release from custom taxes in action. Foradditional information, consult the site www.customs.ro.The Romanian diplomatic missions and consulates abroad are not authorizedto take claims for re-establish domicile in Romania (returning tomotherland).In certain grounded cases, the claims for re-establish domicile in Romania(returning to motherland) can be lodged via a power of attorney to a person,certified by Consulate. Necessary documents:a) claim with respect to establishing of domicile in Romania;b) two recent coloured photos of dimension 3.4 x 4.5;c) Romanian passport – Xeroxes of pages 1 till 4 as well of those where thereare exit and entrance visas to the Country of domicile;d) the document certifying domicile in Canada (identity bulletin or Record ofLanding);11e) certificate of re-obtaining Romanian citizenship, in original – when it is thecase;f) certificates of civil state issued by Romanian officials (birth and marriagecertificates)- Xeroxes;g) children’s photos under age of 14 years - dimensions 3.4 x 4.5h) birth certificates for children – legalized copies;i) agreement in authentic form of the parent who is not establishing inRomania;j) receipt for related taxes at CEC or Treasury.Former Romanian citizens who wish to re-establish domicile in Romaniahave to re-obtain firstly theRomanian citizenship and, then, to satisfy the formalities necessary forestablishing domicile in Romania.The certificates issued as a consequence of solving claims will be given only tothe owners.

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IMPORTANT:The absence in the passport of the mention on establishing domicile abroadresults to incapability of legal points related to returning to motherland.Document 6.Translation of information on returning to motherland (establishing domicilein Romania) for Romanian citizenships with domicile abroadSource (in Internet on www.dsclex.ro there is given certain information inRomanian and English, we consider the information on useful documentsrelated to domicile):http://www.dsclex.ro/acte_utile/documente/repatriere.htmReturning to Motherland Birth certificate Marriage certificate (if it is the case) Document proving that one has living space (contract on selling-buying orrenting) Military certificate (if it is the case) Tax The Claim for re-establishing of domicile in Romania (Claim on returningto motherland) will belodged to the police department in the city or place where the person is goingto establishdomicile. The police section will issue to the claimant an identity bulletin anda proof of returningto motherland, on which the personal good to be returned will be releasedfrom custom taxes. The Romanian diplomatic missions and consul offices abroad are not authorized to receive claimson re-establishing domicile in Romania.Document 7Translation from Romanian to English of the web information of the Ministryof Education and Researchof Romania on requests for equivalence of education documents in Romania,seehttp://www.old.edu.ro/cnred5.htmEquivalence of education diplomas for Romanian citizens who studied abroadNecessary documents for EQUIVALENCE OF PRE-UNIVERSITYEDUCCATION1. Claim addressed to the minister of education and research with therequest for equivalence of thestudy document (it will be mentioned the exact address of claimant);2. Registration number (Str. Spiru Haret nr. 12 – after verification of thefile).3. The education diploma received abroad- Xerox copy of the original

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- Original of legal translation;4. The school situation before leaving abroad (it is the case);125. The school situation abroad, for education years and passed grades, fromwhich follows the studied subjects and received qualifications, in legaltranslation and a Xerox of documents in thelanguage of respective Country.6. Passport copy (that with the name and stamp of entrance in Romania)Xerox + copy of identitydocument (BI, CI or birth certificate; translation remark: BI is identitybulletin required from adult persons, birth certificate may be used for notadult persons).7. The performed file envelope is lodged at the ministry (room 1).Sums taken for equivalence of study documents are:20 lei RON (200.000 lei ROL) for the high school bachelor25 lei RON (250.000 lei ROL) for the diplomas of post-lyceum studiesThe money will be paid at the Ministry of Education and Research.REMARK: The documents will contain the Haag Convention Apostil (for thestates participation at Convention) or supra-legalized by the competentofficials from the Country of Reference;I. Documents necessary for EQUIVALENCE OF UNIVERSITY EDUCATIONabroad1. Claim to the minister of education and research with the request ofequivalence of thedocument of education (it will be mentioned the exact address of theclaimant) – theclaim is typical – MODEL (format PDF);2. Registration number from registration office (Str. Spiru Haret, nr. 12 –after verification of the file)3. The document about education which must be subjected to equivalence- Xerox copy of original- Translation to Romanian – originally legalized (if it is the case).4. Mark record, attachment to the educational document, as Xerox copy andtranslation to Romanian – legalized (if it is the case).5. Analytic programs of courses taken for obtaining the study documentwhich has to be validated equivalently, original or legalized copy (legalizedcopy if it is the case).6. Bachelor diploma or equivalent (translator’s remark: i.e. of any high schoolor preuniversity education), as Xerox copy (if it is in Romanian) or Xerox copy+ translation toRomanian – legalized.7. Proof of citizenship (bulletin, passport or returning to motherland) – Xeroxcopy.8. Birth certificate; marriage (if it is the case) – in Romanian – legalized copy.

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The performed envelope file is lodged at the ministry (room 1 – Spiru Haret).Document 8 Translation ofhttp://www.hydrop.pub.ro/MENER/acte_evaluatori.docrelated to http://www.hydrop.pub.ro/At the Polytechnic University of Bucharest, Hydraulics and HydraulicMachinery Department, in English,http://www.hydrop.pub.ro/fisa_disc_eng.htmDOCUMENTS NECESSARY FOR PERFORMING JOB CONTRACTS- Individual job contract – 2 exemplares signed in original;- Copy of buletin/ cart of identity- Copy of the last education diploma (university);- Claim;- Curriculum Vitae;- Personal file;- Medical talon;- Declaration work code;- Declaration employment place

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SOS FACSIMILE TRANSMISSION

Courier via legal Alternative

DATE: February 19, 2008FROM: Nuha Nancy Salloum 604-601-8264 604-582-48982000-1066 West Hastings StreetVancouver, BC V6E 3X2, Canada [email protected]

The Honourable Diane Finley, P.C., M.P.Citizenship and Immigration CanadaOttawa, Ontario 1 613 354 1064 1 613 952 5533K1A 1L1

RE: Mr. Sergiu Vacaru and his family

Elaine Cook and Tim VailPress SecretaryMinister’s officeCitizenship and Immigration Canada

1 613 354 1064 1 613 952 5533RE:: CEC and Immigration authorized RepresentativesNo. OF PAGES (INCLUDED THIS PAGE):---24 pagesMESSAGE Please see attached letter and hope to receive your recommendation.

*Documents are courier by Fax or Email only. Please do not wait for original by Regularor registered mail, unless you request for original.*Please acknowledge delivery by signing and returning the enclosed copy of thisTransmission and the enclosed letter to our office at your earliest convenience

*PRIVATE AND CONFIDENTIALITY WARNING*

This message n intended only for the use of the addressee and may contain information that is privileged and confidential. Ifyou are not the intended recipient, you are hereby notified that any dissemination for this communication without ourauthorization is strictly prohibited, If you have received this communication in error, Please notify us immediately bytelephone at 604-582-4887 -601-601-8264 and leave message, or by fax 604-5824898Thank you