本文发表在 rolia.net 枫下论坛钟道昌遗孀不应该走申请难民这条路
Zhong’s widow encouraged to abide by Canadian immigration law
《大中报》专栏记者南茜（Nancy Jin）(2010-04-01 PM08:10),
问：
四年前，当新移民钟道昌先生在车祸中不幸遇难后，他的遗孀张敏携女来加。对一名带个年幼的孩子，并失去丈夫的妻子来说，其生活艰辛可想而知。华人社区组织了筹款晚会帮助她和孩子渡过人生中这一艰难的阶段。就像很多社区人士一样，我也捐了一些款，以表我对她们母女的同情和支持。
Q: Four years ago when new immigrant Mr. Zhong Daochang died from a car accident, his widowed wife Min Zhang and their daughter came to Canada. Life would be very tough for a woman with a child, after her husband died. The community held several fundraising events to help her and her daughter get through such a very difficult time in their lives. As many other community members, I made some donations to show my sympathy and support for his grieving wife.
但这些捐款活动共集了多少资？当时的她谈及今后的打算时曾对记者说，她没有打算滞留加国，并将不久返回中国。
How much money in total was raised through those events? When talking about her plans for the future at the time, she did tell a reporter that she had no plans of staying in Canada and would return to China soon.
但据我所知，她改变了主意并递交了难民申请。据近期媒体报道，她的难民申请被拒，她收到移民局的递解令。目前，她决定对移民局的决定上诉， 不久又将举行集资义演晚会，帮助她集资律师费。这次集资活动又要集资多少钱？
But I am aware that she changed her mind by making a refugee claim. According to recent media reports, her refugee application was rejected and she received a deportation order. She then decided to fight her case through an appeal, and another fundraising event will be held to pay for her legal fees. Why did she choose to apply for refugee status? What are the chances that her case will be successful? How much in legal fees will it cost? How much money does the event intend to raise this time?
答：
钟先生的意外死亡彻底改变了他的遗孀和女儿的生活。而4年前社区人士踊跃购票参加，并慷慨解囊的场场集资活动令人感动，让我历历在目。
A: Mr. Zhong’s unexpected death entirely changed the life of his wife and her young child. Those very touching fundraising events of four years ago, where thousands of community members generously offered their help by purchasing event tickets and dropping money into donation boxes, still linger in my memory.
当时，山东同乡会组织者无私的奉献了他们的时间安排她们母女来加。一名律师免费帮她们申请车祸保险赔偿和法律索赔事宜。
Organizers of the Shangdong Hometown Association devoted their time and effort to arrange for Zhang and her daughter to arrive in Canada. For example, the association arranged for a lawyer to take her car insurance claim on a pro bono basis.
集资活动募集了大约7万元。据著名车祸索赔律师张良成律师介绍，根据安省汽车保险条例，车祸中不幸遇难的人士配偶可获2万5千元的死亡津贴赔偿。
The events raised a total of $70,000. According to Gregory Chang, a well-known personal injury lawyer, the spouse of a person who dies in a car accident is entitled to $25,000 in death benefits through an auto insurance claim, under the Ontario auto insurance regulations.
其配偶还可通过法律诉讼获得痛苦和受难赔偿。据张敏表示，这一法律诉讼目前仍在其律师代理下进行。
Through legal claims, the spouse may also be entitled to some compensation for pain and suffering. According to Zhang, her legal claim is still ongoing and is being handled by her lawyer.
当然，张敏有权选择携女回国或在移民准许的情况下滞留加国。但由于她当时来加是为料理其夫的后事，她应在其获签证之前曾向加国移民官保证料理其夫后事后就回国。
It is absolutely Zhang’s choice whether she returns to China with the daughter or stays in Canada, as long as she can satisfy the legal requirements for remaining in Canada. But as she came to Canada to handle the death affairs of her husband, she might have satisfied a visa officer in China that, after the death affairs were addressed, she would return to China.
如果她的确曾向移民官保证在加只做短期滞留，她本应打道回府，在国内继续其移民申请。
If she promised the visa officer in China that her stay in Canada would be temporary, she should have returned to China and applied for PR status from there.
但据张敏说，她的先生一家向她要钱(我想是指这些公众集资及她的保险赔偿金等)，但这些原因是她申请难民的充分理由吗？我了解到，她在难民申请上花了约2万元。
According to Zhang, family members of her late husband have requested money from her and even threatened to kill her if she refuses. But does this provide legitimate grounds for her to make a refugee claim? I was told that her refugee claim cost about $20,000 in legal fees.
根据加国难民保护法，批准难民申请的决定因素为申请者有充分理由害怕其回国后会由于基于种族、信仰、国籍和政治观念及身为某特殊组织成员等因素遭到迫害。据移民部表示，很多中国难民申请者因身为法轮功成员，害怕回国后遭到迫害。
Under the Canadian Refugee Protection Act, the determining factor for granting refugee status is well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. According to the Ministry of Immigration, most Chinese refugee claimants have cited fear of persecution as a result of being a member of Falun Gong.
我们不知道张敏申请难民的理由是什么。如果她的理由是”害怕遭受其夫家人威胁”，那么其申请被拒就不出意料之外了。
We don’t know what the grounds for Zhang’s refugee claim are. I would not be surprised that her refugee application was rejected by the Immigration and Refugee Board (IRB) if the grounds for her claim were “fear of being threatened by family members.”
一般来说，10名难民申请者中只有4名申请被批准。但即使知道自己没有充分理由申请难民，还是有很多人跃跃欲试。理由很简单，难民申请能延缓其申请程序，因此他们能在加国滞留更久。距难民申请递交到听证，一般要等很长时间，至少1年半之久。
By and large, only 4 out of ten claimants are granted refugee status. However, knowing that they lack reasonable ground for their claim, many people still try their luck every year. The reason is simple: it could delay the process so that they can prolong their stay in Canada. Once a refugee claim is filed, it normally takes a long time -- at least a year and a half -- prior to the hearing.
这些人是否在滥用难民系统？为加速难民批准程序，移民部长Jason Kenny最近提出了新建议。一旦该建议被定为法律，政府官员（移民官）们将在6个月内做出决定，而申请被拒者将在一年内遭遣返令。
Are these people abusing the refugee system? A recent proposal of the Minister of Immigration Jason Kenny is intended to fast track the refugee selection process. And if it becomes law, civil servants (mostly immigration officers) will be in charge of deciding the cases within 6 months and those with rejected claims will face deportation in a year.
但由于张敏的申请已经被拒，这一新改革对她没有影响。
However, as Zhang’s claim has already been rejected, the Minister’s proposal would not affect her.
但根据移民法，张敏在难民申请被拒后还可选择向联邦法庭申请上诉，但她必须提交难民庭的决定存在法律错误的证据。社区领导们再次向她伸出援助之手，为她聘请了最好的移民律师，该律师慷慨的接受了她的案件，并且只收取很少的律师费用。
Under the immigration system, Zhang is now left with the choice of seeking leave to appeal in federal court by arguing that the IRB decision was flawed. Now the community leaders have again extended a warm hand by retaining a well-known immigration lawyer, who graciously agreed to take over her appeal case, charging only nominal fees.
如果她的上诉申请被批准，将举行上诉听证。否则，她将面临遣返。但即使遭到遣返，她仍可申请遣返风险评估。她需要提出回国后生命面临危险或她将遭到某种残酷惩罚的证据。此时她也许可以申辩说，她家人对她的威胁会危及她的生命安全。
If the leave to appeal is granted, an appeal hearing will be pending. If not, she will face deportation, with the option to apply for pre-removal risk assessment by providing evidence that her life would be at stake or she would face cruel punishment if she returned to China. So she may then argue that the threat from her husband’s family would pose such a risk to her.
当然，移民部长也会就某些很特殊案件另作考虑，而做出特批某些留加申请的决定。但她的案件是否比部长收到的许许多多类似申请要求更为特殊、更为紧迫？部长是否会特批她的申请？目前谁也不知道。
Certainly, there are cases where the Minister of Immigration would give special consideration. But is Zhang case more compelling than the many cases the Minister has received? Whether the Minister will grant exceptional approval for her case is anyone’s guess.
那场夺取钟先生生命的车祸可能会重新点燃你我对张敏的同情。但不管如何，生活还要继续，任何人都无法永远生活在过去的阴影之中。事实上，张敏面对现实而独立生活，作包装工养家和幼女。但同时，在其为留加所作的所有努力失败后，她也应遵守加国移民法而回国。更多精彩文章及讨论，请光临枫下论坛 rolia.net
Zhong’s widow encouraged to abide by Canadian immigration law
《大中报》专栏记者南茜（Nancy Jin）(2010-04-01 PM08:10),
问：
四年前，当新移民钟道昌先生在车祸中不幸遇难后，他的遗孀张敏携女来加。对一名带个年幼的孩子，并失去丈夫的妻子来说，其生活艰辛可想而知。华人社区组织了筹款晚会帮助她和孩子渡过人生中这一艰难的阶段。就像很多社区人士一样，我也捐了一些款，以表我对她们母女的同情和支持。
Q: Four years ago when new immigrant Mr. Zhong Daochang died from a car accident, his widowed wife Min Zhang and their daughter came to Canada. Life would be very tough for a woman with a child, after her husband died. The community held several fundraising events to help her and her daughter get through such a very difficult time in their lives. As many other community members, I made some donations to show my sympathy and support for his grieving wife.
但这些捐款活动共集了多少资？当时的她谈及今后的打算时曾对记者说，她没有打算滞留加国，并将不久返回中国。
How much money in total was raised through those events? When talking about her plans for the future at the time, she did tell a reporter that she had no plans of staying in Canada and would return to China soon.
但据我所知，她改变了主意并递交了难民申请。据近期媒体报道，她的难民申请被拒，她收到移民局的递解令。目前，她决定对移民局的决定上诉， 不久又将举行集资义演晚会，帮助她集资律师费。这次集资活动又要集资多少钱？
But I am aware that she changed her mind by making a refugee claim. According to recent media reports, her refugee application was rejected and she received a deportation order. She then decided to fight her case through an appeal, and another fundraising event will be held to pay for her legal fees. Why did she choose to apply for refugee status? What are the chances that her case will be successful? How much in legal fees will it cost? How much money does the event intend to raise this time?
答：
钟先生的意外死亡彻底改变了他的遗孀和女儿的生活。而4年前社区人士踊跃购票参加，并慷慨解囊的场场集资活动令人感动，让我历历在目。
A: Mr. Zhong’s unexpected death entirely changed the life of his wife and her young child. Those very touching fundraising events of four years ago, where thousands of community members generously offered their help by purchasing event tickets and dropping money into donation boxes, still linger in my memory.
当时，山东同乡会组织者无私的奉献了他们的时间安排她们母女来加。一名律师免费帮她们申请车祸保险赔偿和法律索赔事宜。
Organizers of the Shangdong Hometown Association devoted their time and effort to arrange for Zhang and her daughter to arrive in Canada. For example, the association arranged for a lawyer to take her car insurance claim on a pro bono basis.
集资活动募集了大约7万元。据著名车祸索赔律师张良成律师介绍，根据安省汽车保险条例，车祸中不幸遇难的人士配偶可获2万5千元的死亡津贴赔偿。
The events raised a total of $70,000. According to Gregory Chang, a well-known personal injury lawyer, the spouse of a person who dies in a car accident is entitled to $25,000 in death benefits through an auto insurance claim, under the Ontario auto insurance regulations.
其配偶还可通过法律诉讼获得痛苦和受难赔偿。据张敏表示，这一法律诉讼目前仍在其律师代理下进行。
Through legal claims, the spouse may also be entitled to some compensation for pain and suffering. According to Zhang, her legal claim is still ongoing and is being handled by her lawyer.
当然，张敏有权选择携女回国或在移民准许的情况下滞留加国。但由于她当时来加是为料理其夫的后事，她应在其获签证之前曾向加国移民官保证料理其夫后事后就回国。
It is absolutely Zhang’s choice whether she returns to China with the daughter or stays in Canada, as long as she can satisfy the legal requirements for remaining in Canada. But as she came to Canada to handle the death affairs of her husband, she might have satisfied a visa officer in China that, after the death affairs were addressed, she would return to China.
如果她的确曾向移民官保证在加只做短期滞留，她本应打道回府，在国内继续其移民申请。
If she promised the visa officer in China that her stay in Canada would be temporary, she should have returned to China and applied for PR status from there.
但据张敏说，她的先生一家向她要钱(我想是指这些公众集资及她的保险赔偿金等)，但这些原因是她申请难民的充分理由吗？我了解到，她在难民申请上花了约2万元。
According to Zhang, family members of her late husband have requested money from her and even threatened to kill her if she refuses. But does this provide legitimate grounds for her to make a refugee claim? I was told that her refugee claim cost about $20,000 in legal fees.
根据加国难民保护法，批准难民申请的决定因素为申请者有充分理由害怕其回国后会由于基于种族、信仰、国籍和政治观念及身为某特殊组织成员等因素遭到迫害。据移民部表示，很多中国难民申请者因身为法轮功成员，害怕回国后遭到迫害。
Under the Canadian Refugee Protection Act, the determining factor for granting refugee status is well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. According to the Ministry of Immigration, most Chinese refugee claimants have cited fear of persecution as a result of being a member of Falun Gong.
我们不知道张敏申请难民的理由是什么。如果她的理由是”害怕遭受其夫家人威胁”，那么其申请被拒就不出意料之外了。
We don’t know what the grounds for Zhang’s refugee claim are. I would not be surprised that her refugee application was rejected by the Immigration and Refugee Board (IRB) if the grounds for her claim were “fear of being threatened by family members.”
一般来说，10名难民申请者中只有4名申请被批准。但即使知道自己没有充分理由申请难民，还是有很多人跃跃欲试。理由很简单，难民申请能延缓其申请程序，因此他们能在加国滞留更久。距难民申请递交到听证，一般要等很长时间，至少1年半之久。
By and large, only 4 out of ten claimants are granted refugee status. However, knowing that they lack reasonable ground for their claim, many people still try their luck every year. The reason is simple: it could delay the process so that they can prolong their stay in Canada. Once a refugee claim is filed, it normally takes a long time -- at least a year and a half -- prior to the hearing.
这些人是否在滥用难民系统？为加速难民批准程序，移民部长Jason Kenny最近提出了新建议。一旦该建议被定为法律，政府官员（移民官）们将在6个月内做出决定，而申请被拒者将在一年内遭遣返令。
Are these people abusing the refugee system? A recent proposal of the Minister of Immigration Jason Kenny is intended to fast track the refugee selection process. And if it becomes law, civil servants (mostly immigration officers) will be in charge of deciding the cases within 6 months and those with rejected claims will face deportation in a year.
但由于张敏的申请已经被拒，这一新改革对她没有影响。
However, as Zhang’s claim has already been rejected, the Minister’s proposal would not affect her.
但根据移民法，张敏在难民申请被拒后还可选择向联邦法庭申请上诉，但她必须提交难民庭的决定存在法律错误的证据。社区领导们再次向她伸出援助之手，为她聘请了最好的移民律师，该律师慷慨的接受了她的案件，并且只收取很少的律师费用。
Under the immigration system, Zhang is now left with the choice of seeking leave to appeal in federal court by arguing that the IRB decision was flawed. Now the community leaders have again extended a warm hand by retaining a well-known immigration lawyer, who graciously agreed to take over her appeal case, charging only nominal fees.
如果她的上诉申请被批准，将举行上诉听证。否则，她将面临遣返。但即使遭到遣返，她仍可申请遣返风险评估。她需要提出回国后生命面临危险或她将遭到某种残酷惩罚的证据。此时她也许可以申辩说，她家人对她的威胁会危及她的生命安全。
If the leave to appeal is granted, an appeal hearing will be pending. If not, she will face deportation, with the option to apply for pre-removal risk assessment by providing evidence that her life would be at stake or she would face cruel punishment if she returned to China. So she may then argue that the threat from her husband’s family would pose such a risk to her.
当然，移民部长也会就某些很特殊案件另作考虑，而做出特批某些留加申请的决定。但她的案件是否比部长收到的许许多多类似申请要求更为特殊、更为紧迫？部长是否会特批她的申请？目前谁也不知道。
Certainly, there are cases where the Minister of Immigration would give special consideration. But is Zhang case more compelling than the many cases the Minister has received? Whether the Minister will grant exceptional approval for her case is anyone’s guess.
那场夺取钟先生生命的车祸可能会重新点燃你我对张敏的同情。但不管如何，生活还要继续，任何人都无法永远生活在过去的阴影之中。事实上，张敏面对现实而独立生活，作包装工养家和幼女。但同时，在其为留加所作的所有努力失败后，她也应遵守加国移民法而回国。更多精彩文章及讨论，请光临枫下论坛 rolia.net