Letter To The Minister Of Immigration 02192008

CSIP THE 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

February

19th

[email protected] www.csip.ca

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.

In 2007, the plaintiff requested from the authorities in power to consider his application for Humanitarian Considerations, but without success. On May 7, 2008, the Refugee Board decided to deny their case since it was the opinion of the Board Member that they could be returned without risk, and could consider obtaining a second citizenship. This principle is not founded since Romania denies this privilege to such class of persons. On February 13, 2008, Citizenship and Immigration Canada refused the PRAA program application based on new facts, and they were informed that they should leave Canada by March 11, 2008, under escort, for Bucharest. Since Mr. Vacaru and family were represented by a consultant, Mrs. Stela Coldea (who is not an attorney but a member of the Canadian Society of Immigration Consultants). She is not authorized to deposit an Application for Judicial Review with the Federal Court in order to appeal PRAA. It is also a known fact that Legal Aid lawyers do not submit Appeals at this stage of the proceedings. Mrs. Coldea is to be blamed for not having explained to her client that she was not qualified to deposit the PRAA appeal to Federal Court, and she should have recommended Mr. Vacaru to a lawyer who would do this type of intervention. She is in breach of the Association's Rules of Professional Conduct, Part 3, articles 2 and 3: "where an immigration consultant should only accept assignments for which she is qualified and will recommend other professionals to be retained wherever their special knowledge and skill is required by the client" WE URGE YOU TO STOP THE REMOVAL OF MR. VACARU FAMILY MEMBERS, BECAUSE IT IS EVIDENT THAT IF THE FEDERAL COURT HAD RECEIVED AN APPEAL MADE BY A DULY AUTHORIZED COMPETNET REPRESENTATIVE, THE OUTCOME WOULD BE DIFFERENT. Citizenship and Immigration Canada is accused of negligence by creating a class of representatives that do not have the qualifications and experience to execute valid immigration activities on behalf of their clients. The Department is also endorsing the loss of pro-bono specialists who could execute the Appeal correctly and without charge. Citizenship and Immigration has damaged the window of opportunities offered to Canada to a well-known, qualified scientist. PLEASE GIVE HIM

AND HIS FAMILY AN OPPORTUNITY TO CONVINCE YOU THAT CANADA CANNOT, UNDER HUMAIN CIRCUMSTANCES AND A SENSE OF EQUITY, RELOCATE THE FAMILY TO AN UNSAFE, UNPRODUCTIVE AND UNWELCOMING COUNTRY, WHERE THEIR LIVES WILL BE FOREEVER DESTROYED. You have the power and the inner conviction to stop this atrocity. Thank you.

Yours truly,

N. Salloum Nuha Nancy Salloum Registered Federal Lobbyist in house CSIP Chairwoman References attached herein Reference: csic member Stela Cikdea 59 Warner Ave, Toronto, Ontario M4A 1Z5 TEL: 416-288-9545 ----- Original Message ----From: <[email protected]> To: <[email protected]>; <[email protected]> Sent: Monday, February 18, 2008 11:39 PM Subject: More detail... name: Sergiu Vacaru email: [email protected] phone: 1-6473406754 comment: Dear Sir/Madam, Let me introduce as Dr. Sergiu Vacaru. I came to Canada (together with my wife and 3 kids) as a visiting international professor. I had to claim refugee status because the communist party won again elections in R. Moldova and I could not return to my country of origin. My IBR and PRRA applications were denied, even they stated the risk to be returned to Moldova, because from formal point of view we have Romanian passports (there were issued such passports to more than 1 million Moldovan citzens, but such second

citizenships are not effective because we are not allowed for domicile in Romania). We do not have the right to return to Romania - they can not afford 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 if they have also Moldovan citizenship. In Internet there are described case when 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 with family from R. Moldova. I was with a number of NATO scientific fellowships as a "scholar at risk" who can not return to his country of origin because of political and human right issues. Unfortunately, I had a CSIC council, Coldea Stela, who asked $3500 then up till $10000 for her services to stop removal order, H&C and PRRA applications. She constantly lied and falsified my files. I'm the author of 4 books and more than 100 publications on physics and mathematics (I published a book and 11 articles in Canada, during 2 years). I have Letters of Recommendation from famous Canadian, USA and Romanian professors stating my international level and risk status. Please, I ask kindly for urgent Pro Bono service to lodge applications for judicial review and stay of execution of removal order. I do not have money 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 political refugee cases. Thank you for your assistance. Sincerely yours, Sergiu Vacaru 108-1490 Eglinton Av. W, Toronto, M6E-2G5 e-mail: [email protected] h.tel. 1-6473406754 ----- Original Message ----From: <[email protected]>

To: <[email protected]> Sent: Tuesday, February 19, 2008 12:04 AM Subject: 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, M6E 2G5 > home tel. 1-6473406754, > e-mails: [email protected], [email protected] > > > > ---------- Forwarded message ---------> From: <[email protected]> > Date: Feb 16, 2008 1:53 PM

> 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, M6E 2G5 > home tel. 1-6473406754, > e-mails: [email protected], [email protected] >

> > > -> 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: 2/18/2008 6:49 PM

February 15, 2008 Questions: 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 ? To: 1. Honourable Stephen Harper, Prime Minister of Canada, Office PM, 80 Wellington Street, Ottawa, Ontario K1A 0A2, Fax: 1-613-941-6900, [email protected] Subject: Urgent Appointment by Prime Minister of Canada, stopping removal 2. Honourable Diane Finley, P.C., M.P. Minister of Citizenship and Immigration Canada Ottawa, Ontario K1A 1L1, Tel: 1-613-996-4974, 1-6139541064, fax: 1-613-996-9749, 1-613- 9525533 (docs), [email protected], [email protected], [email protected] Subject: Urgent Appointment by Minister CIC, stopping removal, for H&C residence 3. Honourable Stockwell Day, P.C., M.P., Minister of Public Safety House of Commons, Ottawa, Canada K1A 0A6 Copy: Tanisha Pascal-Nelson, Enforcement Officer #20030 CBSA, Tel. 1-905-405-3651, Fax: 905-405-3535, e-mail: [email protected] Subjects: 1) Urgent Appointment by Minister PS on stopping removal order 2) New Evidences after PRRA, appeared on February 13, 2008

4. Honourable Allan Lufty, Chief Justice, 180 Queen Street West, Suite 200, Toronto, Ontario, M5V 3L6, [email protected] , Subjects: access to justice, judicial review PRRA & stay of removal 5. Honourable Joe Volpe, P.C., M.P. Room 174, Confederation Building, House of Commons, Ottawa, Ontario K1A 0A6 Tel: 1-613-9926361, 1-416-7815583; fax: 1-613-9929791, 1-4167815586 [email protected], [email protected] Subject: stopping removal/ appointments by Ministers PS and CIC, for H&C residence 6. Mr. Peter Mansbridge – The National (HD), www.cbc.ca , e-mail contact: Jonathan Witten, [email protected], [email protected] Subject: appointment by Mr. Peter Mansbridge, public support in stopping removal 7. 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] Toronto Office: Amnesty International 14 Dundonald Street, Toronto, ON, Canada M4Y 1K2 Tel. 416-363-9933, fax: 416-363-3103, e-mail: [email protected], [email protected] Subject: Letter on personal risk, support for appointment to Ministers CIC and PS 8. Scholars at Risk Network, c/o New York University, 194 Mercer Street, Room 410, New York, 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 CIC and PS From: Sergiu Vacaru, Client ID 5593-1309, Birth date: June 10, 1958 in Republic of Moldova Home address: 108-1490 Eglinton Avenue West, Toronto, Ontario, M6E 2G5 2 home tel. 1-6473406754, e-mails: [email protected], [email protected] CLAIMS FOR APPOINTMENTS BY MINISTERS, MP, SUPPORT FOR STAY OF EXCECUTION OF REMOVAL ORDER, PERFORMING RESIDENCE IN CANADA Table of Content page

Addressees ………………………………………………………………………………..1 1. Summary of Facts…………………………………………………………………………….2 2. New Evidences after February 11, 2008 (on extradition from Romania to R. Moldova)……3 3. Risk related to impossibility to perform domicile in Romania……………………………….5 4. Impossibility to Apply for Judicial Reviews and Appointments to Ministers CIC, PS, MP…6 5. Impossibility to Legal Assistance for Judicial Reviews and Appointments………………… 6 6. Requests………………………………………………………………………………… ……7 Appendix I. Translation from Romanian into English of Documents 1-4 (extradition)………...7 Appendix II. Comments and Translation in English of Documents 5-8 ( Romanian domicile)…9 Pages: 7 (facts) + 5 (appendices) = 12 pages (total) 1. Summary of Facts Sergiu Vacaru, and his wife and 2 children (latter was born the 3 one), after a number of arrests and torture, being taken all their property, were deported from R. Moldova in 2001, by the communist government because of anti-communist and human right activity and collaboration with Western Countries Scientists. Romania issued them as ethnic Romanians the second citizenship with traveling passports (stating permanent residence in R. Moldova) which according the Romanian law does not give the right for domicile, work, education and social assistance. During 2001-2008, S. Vacaru had the status of “scholar at risk” (a scientist who can not return to the Country of origin because of political/ human right… motives). Together with his family, he was with special scientific grants in Portugal and Spain supported by NATO and UNESCO – they had temporary study/ family visas without right to perform permanent residence, with exceptions from work permits, and prohibitions (in those Countries) to lodge Claims of validity status during validity of temporary visas. S. Vacaru and family arrived in Canada in November 8, 2005, having a one year visa as a visiting international professor. They had to lodge the Claim of Refugee status on January 4, 2006 after the communist party won again the elections in R. Moldova and became clear that they could not return to that Country. In May, 2007, IBR Toronto stated credible S. Vacaru’s testimony with respect to R. Moldova but decided that they could return to Romania without risk. The IBR had not taken into consideration the facts the second citizenship is not effective (i.e. does not allow domicile/work… in Romania) and that Romania extradites

such persons to R. Moldova. There are more than 1 million of ethnic Romanians in R. Moldova with/applied for second citizenship and they are not allowed to live in Romania, or to travel in Europe, because their permanent residence is in R. Moldova. S. Vacaru was not allowed to present very important documents and new evidences to IBR, Federal Court, or PRRA processes: For instance, Documents 1-4, see Appendix I, i.e. the Romanian Law nr. 302/2004, on extradition, were issued in Internet after February 13, 2008, when already was issued the removing order for March 11, 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 explicitly that S. Vacaru and family will be re-deported to R. Moldova where there are risks for their life, to be tortured and inhumanly treated. Even Romania became on January 1, 2007 a member of European Union, this Country does not protect equally all its citizens: those with double citizenship and permanent residence outside Romania can be extradited and do not have the automatic right to establish a domicile in Romania. 3 It should be noted that during 2 years in Canada, S. Vacaru worked as a volunteer visiting Researcher at the Fields Institute of University of Toronto, because the immigration status had not allowed him to be really eligible for long term/permanent positions in science. In Canada, he performed 30 scientific works, published a book and 11 scientific articles were already published/accepted for publication. He has an internationally recognized scientific name (there are letters of recommendation from top professors in Canada, USA,). During 25 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 for Canada if they having permanent residence will arrange job positions - they already integrated in this society. Beginning October, 2007, S. Vacaru tried tenths of time to get appointments to the Minister CIC, Public Safety, Members of Parliament with the hope to explain his situation and to ask for permanent resident status also on Humanitarian and Compassion grounds (such a file is on the role) – but he has not yet obtained appointments at high rank official in Canada. 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, which is impossible for persons working as volunteers – to apply for PRRA judicial review and judicial stay of execution of removal order without lawyer it is not allowed. A number of former and new very important evidences were not considered in the judicial process.

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 again all their goods in Toronto (the communists in the part took all properties of their grand-fathers, fathers, during Stalins’s deportation to Siberia, then of this family in 2001, and the situation is to be repeated in Canada, without communists and in spite of the fact that this family has violated none law of this Country but only asked for protection): with two suitcases less 50 pounds will be removed to Bucharest where they do not have the right for domicile and works, none property. The standard procedure following the mentioned Romanian Law nr. 302/2004 will result in their extradition to the communist Moldova, where they 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 right to obtain permanent residence within Canada. We also ask for possible appointments 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 on February 13, 2008 by Tanisha Pascal-Nelson, #20030, Inland Enforcement Officer. They were informed that they (and children) must live Canada on March 11, 2008, being removed by Canadian officials to Bucharest, Romania. The end of that day, S. Vacaru found in Internet an updated information on Romanian Law nr. 302 from June 28, 2004 on “International Cooperation in Justice 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 new evidences related to their case. The information appeared after the IBR and PRRA decisions were taken. The official internet cite of the Romanian Parliament http://www.cdep.ro presents the list of discussion of that Parliament and acceptance by the Romanian Government of the Law nr. 302/2004, see http://www.cdep.ro/pls/legis/legis_pck.htp_act?ida=50442 It should be also noted that even the Parliament and Government of Romania discussed during three years and, in general, accepted the Law nr. 302/2004 in 2004, the firsts not final decisions appeared in Internet only by September 2007, when Romania was able to organize a system of Web information about Monitor Official, publishing Laws and important decisions, having 4 support of the European Community, after Romania became member on January 1, 2007). Such information, and in general the problem of more than 2 millions of ethnic Romanians from R. Moldova (half of them having/ searching the second Romanian citizenship, domicile and protection in Romania and other Countries) is not covered by “U.S. Department of State,

Country Report on Human Rights Practices, Romania, 2006” (used by the Judges, Lawyers and Officers involved in the IBR and PRRA processes) and was not known in Canada. There were a number of attempts (during 2004-2008) to state contradictions of that Law with the Romanian Constitution (and with the European Convention of Human Rights, for instance, the statements of Romanian constitution that all Romanian citizens are equal before law and that they can not be extradited to other Countries), see http://www.cdep.ro/pls/legis/legis_pck.htp_act?ida=50442&pag=2 but subsequently all such attempts were rejected by the Romanian Constitutional Court. The most recent decisions were published in the Official Monitor (in Romanian, M. of.; publishing the accepted Laws and related Decisions) in January-February, 2008, see Documents 1 and 2. This mean that in spite of the fact that Romania became a member of the European Country this Country separates its citizens into two categories with different rights and obligation for protection (those who have 1/ one citizenship with permanent residence in Romania and 2/ more than one citizenship with permanent residence outside/in Romania). In the case 2/, Romania extradites its citizens to other Countries on request of general prosecutors of those countries. For instance, Document 4, which can be found in Internet in Romanian (we give translations 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 sure affect negatively Vacaru’s family and result in actions which will subject them to inhuman treatment and torture. The article 24 allows to re-deport citizens of Romania to the County of first citizenship and permanent residence (for this case, R. Moldova). In January 28, 2007, S. Vacaru had a discussion with people from Moldavian Embassy in Toronto (it was described in C83, IBR file): they threatened him also with a request to Canada on extradition from R. Moldova. Sure, a similar request will be to the Romanian officials being lobbed by the pro-Russian officials, former communists, in Romania. Taking into account that S. Vacaru’s family even does not have domicile in Romania, being sent to Romania, they automatically will be extradited to R. Moldova, on the place of permanent residence. The Law 302/2004 was not analyzed by the IBR judge. She only stated formally Art. 19 from former Law, which was recently (February 11, 2007) finally modified, that “No Romanian citizen may be extradited or expelled from Romania” and Art. 16 “Citizens are equal before the law, et al;” But following the final decision from February 11, 2008, we can see that in Romania there are enforced laws contradicting the Constitution and International Conventions, when there

are citizens of two categories (with domicile and not domicile in Romania), with different rights, and the second category are usually extradited if the there 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 the Countries of permanent residence. 5 The recently re-enforced law and practice (on extradition and domicile) in Romania sure will result in extradition of S. Vacaru’s family to R. Moldova where there is risk for torture and inhuman treatment. One should be noted that there are newspaper materials but not expert opinions that more than half of population (by 2 millions) of R. Moldova, applied/obtained the second Romanian citizenship with none rights to live and work in Romania or travel without visas to Western Europe. Because of economical and political problems, Romania can not accept a lot of immigrants. This Country is still under monitoring for corruption and human right problems. The former high rank communist and military leaders (former president I. Iliescu, generals Chitac and Stanculescu) who killed a lot of people during anti-dictatorial revolution have not been judged yet and have much influence. Because in his human right activity, S. Vacaru affected high rang Romanian officials he and family can be roughly persecuted if they shall return to Romania. One should be taken also in account the humanitarian considerations on S. Vacaru’s minor children – being returned to Romania, without salary for parents, place of living, none permission 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 , The Romanian Law on citizenship is not effective with respect to the citizens with permanent residence in other countries and the Romanian immigration officials redeport persons to the Country of their first citizenship and domicile. There are two categories of citizens: those with domicile in Romania (who have the complete set of rights granted in correlation to the European Community standards) and those with domicile/permanent residence outside Romania (such persons do not have the rights to work in Romania, to have social and medical assistance, to study without special permit, to apply in a usual form to justice, …., to participate at 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 had permanent residence in Spain which would allow to perform domicile in Romania (we never had other permanent residences excepting R. Moldova and, wife, Ukraine – this can be verified in our passports).

For instance, Vacaru’s family in order to perform domicile in Romania must present documents attesting domicile in Canada (identity documents or Record of Landing). Not having a mention about mentioned domicile abroad, they will be not eligible for application of the Law on returning to motherland. They must have sources to buy a house/flat in Romania, where should perform domicile, which is impossible for them who were deported from R. Moldova. The Romanian officials will not consider mention on “domicile in Spain” because that was not a real domicile with Spanish identity documents, visas and records. Not having a place to live in Romania, they will 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 at risk. My family would be exposed to a compelling personal risk to their life (torture and inhuman treatment and punishment) if we shall l be returned to R. Moldova or Romania (from where we will be re-deported on place permanent residence in Moldova, because S. Vacaru and two children, from 3, have theoretically permanent residence in R. Moldova) – in the past they were cruelly treated in Moldova and Romania illegally not accepted them for domicile and work. In Appendix II, we comment in detail and present translations of relevant Documents 5-8 on domicile in Romania. 6 4. Impossibility to Apply for Judicial Reviews and Appointments to Ministers CIC and PS, MP in Canada A decision to deny the PRRA application may be subject to judicial review. Although the individual must leave Canada, as required by the removal order, he may apply for a stay of removal to the Federal Court pending judicial review of the PRRA decision. Unfortunately, it is not allowed to start without a lawyer a Judicial review process before the Federal Court and lodge an application for a judicial stay of execution of a removal order. Legal Aid does not support claimants at this stage. The bulk of claimants of refugee status 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, beginning October 2007, via e-mail, fax, phoning at receptions asking to get appointments at Minister CIC, Minister Public Safety and other higher rank officials to explain the situation and present new evidences. 5. Impossibility to Legal Assistance for Judicial Reviews and Appointments I found this information in: http://canadaimmigrationissues.blogspot.com/ CSIC information –discussion blog CSIC is not a viable society . We can not trust this organization members professionalism, their executives are liars, uneducated, holders of school diploma, so they do not have any high credential to assist your immigration

needs, beware of paying a CSIC member before you check with BBB Better Business Bureau, you will be surprised how many federal investigation against CSIC members, the majorities do not be trusted with your money. Call CSIP 604601-8264 and ask for Pro Bono service which means you do not pay for immigration professional service. Unfortunately, I can confirm this Internet information: I was not lucky in my attempts to get even paid support from somebody authorized to perform PRRA, H&C applications and a Judicial review process before the Federal Court and lodge an application for judicial stay 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 416-2884534, e-mail:[email protected] She promised 99% success on PRRA and H&C files for 3500CAD, telling that because I have 3 kids, but refused to perform an agreement, then she asked other 1800 CAD for CBSA and finally, 10 000 CAD for the Federal Court. She was very unprofessional and mixed everything in the files and applications and I got none support (she really stilled “legally” my money). 6. Requests I ask kindly for any possible support with respect to the possibility to present new evidences to authorized persons and access to justice and getting permanent residence following: 7 1. Appointments by Prime Minister, Minister of Citizenship and Immigration, Minister of Public Safety and territorial Member of Parliament. 2. 2. To have access to justice with Judicial review process before the Federal Court 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 for my wife and children. If I do not have credibility, I’m ready to leave myself Canada and never come to this Country. But in the past I was tortured by the pro-Russian Moldovan security and threatened that they will torture and kill my kids (there were examples when they tortured children before parents in order to force to get false witness depositions, to constrain collaboration). It is inhuman to subject kids to such treatment (I’m a normal parent). That why after 2001 I’ve done all possible to protect them. Appendix I: Translation from Romanian into English of Documents 1-4 (on extradition) For simplicity, we shall present only the English variant but give the Web cite link with the corresponding 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

Issued: Constitutional Court, DECISION nr. 1.127 from 27 November 2007. Reject the exception of unconstitutionality with respect to dispositions of the title 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=77610 Issued: Constitutional Court, DECISION nr. 36 from 15 January 2008. Reject the exception of unconstitutionality with respect to dispositions of art. 88 1 parag. (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.pdf There are selected two most important for our case: ARTICLE 24 The Romanian citizens can be extradited from Romania on the base of International conventions where this Country consists to be a part and on principle of mutual reciprocity if there are satisfied at least one of the following conditions: a) for criminal investigation and judging if the requested State gives enough proofs that in the case of conviction to a prison penalty, by a final judge decision, the extradited persons will be transferred to execute the penalty in Romania; b) the extradited person has domicile on the requested state on the date of formulation of the request of extradition; c) the extradited person has also the citizenship of requested state; d) the extradited person committed a violation on the territory or against a citizen of a member state of European Union is the requested state is a member of European Community. 8 ARTICLE 108 Transitory disposition (1) The dispositions of this articles are applied to European orders on arrest and extradition which are issued after the time of entering in force, even they may refer to facts previous to this date. (2) The procedure of extradition acting in the moment of enforcing this title will continue to be solved according the Title II. Document 4. Translation from Romanian to English of the information in Internet about a case of extradition of a citizen with double citizenship or R. Moldova and Romania, from Romania to R. Moldova Remark: Following modifications and completing to the Law nr. 302/2004 by Law nr. 224/2006, published in Official Monitor nr. 534 from 21 June 2006 and enforced after decision nr. 4727 from August 2, 2007,

the statement corresponding to art. 24 c) can be found in those of art 24 paragraph (1) b. By a judge decision on criminal matter nr. 29 from 12 June 2006, the Appeal Court of Bacau, following art. 54 paragraph (3) from Law nr. 302/2004, accepted the request of extradition formulated by the General Prosecutor Office of the Republic of Moldova with respect to the named M.M., having double citizenship, Romanian and Moldavian, and decided his extradition to the Republic of Moldova. The Judge maintained that the Court of Appeal Bacau, following a request the General Prosecutor Office of the Republic of Moldova, in its turn requested extradition of M. M. The Claim of extradition was supplied by certified copies of the authorized officials of requesting state, following art. 38 paragraph (2) a) from Law nr. 302/2004, of order to put under criminal investigation, order of arrest, proof of Moldavian citizenship, extract from charges, proofs on domicile in Romania and Romanian citizenship 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 fact that extradited person has Romanian citizenship does not prohibit extradition, following art. 23 and art 24 from Law nr. 302/2004. The appeal of the extradited person criticizing the decision because he has Romanian citizenship is not grounded. Following art. 23 paragraph (1) letter a) from Law nr. 302/2004, one can not be extradited from Romania the citizens for which there are not satisfied the conditions stated in art. 24 from that Law. Following art. 24 letter c) from Law nr. 302/2004, the Romanian citizens can be extradited from Romania following international conventions to which Romania participates and on base of reciprocity, if the extradited person has also the citizenship of the requesting state. The Law does not requests to satisfy cumulatively all conditions written in art. 24, but following it the Romanian citizens can be extradited from Romania if it is satisfied at least one condition, among those the Law lists that from art. 24 letter c). So, from the file, one follows that M. M. is also a citizen of the Republic of Moldova. 9 Having examined the case, the High Court of Appeal and Justice states that the Court respected completely and others conditions stated by the law on extradition from Romania, and that in this case there are none grounds to cancel 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 different Countries. Every Romanian will tell you that passports are for travels abroad

and activity in other Countries but not for real life and work/education in Romania, where it is crucial to have a domicile authorized by police (permanent residence in Romania, similarly to “propiska” in the former soviet republics). There are millions of Romanian citizens with passports but without identity bulletin, i.e. without formal domicile which dos not allow them to be permanent/long term residents of Romania and have a normal life in that Country. The main formal condition to get Identity Bulletin/Card from police in Romania is to have citizenship and the ability to buy/ rent a living place. But even such conditions are satisfied they (police and institutions on evidence of population and issuing work permits) do not take claims or take them more than 6-7 years without solution. I was very insistent at Bucharest, in 2001, with my attempts to get Identity Bulletins and register marriage in Romania but even Senators were not able to push the Law to act (even I had legal ground and support 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 is contained in the IBR file) who was authorized not only to get my family passports at Bucharest but also to make equivalence of my University diplomas (from Russia and Ukraine) and to perform all related formal actions (including the fact if the Bucharest passport police issued Identity Bulletins for my family – the request from 2001). None solution I got even I complained to the General Prosecutor and Ministers of Internal and External Affairs of Romania. The illegal actions of high rank officials were also connected with the right to obtain new Romanian passports and criminal records 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 in Canada, section 1.5, with respect to re-establishing of domicile (returning to motherland) of Romanian citizens being in Canada. It is stated that the claimant will have to go to Romania and to lodge there at a police office the claim for residence/domicile and issuing of identity bulletin for Romania. It is emphasized that the Romanian diplomatic missions and consulates abroad do not take such claims but they can certify a power of attorney to a person in Romania (in the case of our family, the police of Bucharest had violated 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 permanent residences in Romanian passports stated for R. Moldova and Ukraine, the Romanian Embassy in Canada will not discuss with us, because we have not

residence in Canada. They will send us for discussing with the Romanian Consuls in Ukraine and R. Moldova who are supposed to certify all related documents (this follows from the IMPORTANT remark at the end of that document) – a similar situation happen when we were in Spain and Portugal. The Document 6 contains the information how the returning to motherland should be performed. It is stated that the Claim for re-establishing domicile in Romania should be lodged at the police department, providing the documents on living space (contract on selling-buying or renting). We attempted to do that in 2001 at Bucharest but the police have not issued a decision during 7 years. The Document 7 contains the information on documents necessary in order to perform equivalence of education abroad in Romania. It should noted that the condition of domicile and identity bulletin (BI) is not an abstract one: without them it is not possible to perform validation of education documents (for instance, 10 a Romanian citizen with residence in Canada or R. Moldova will be not allowed to do it if he will not get domicile in Romania). The request on BI is stated explicitly in point 6. of Necessary documents for EQUIVALENCE OF PREUNIVERSITY EDUCATION – contrary, the Ministry will not accept the Claim. Even a person wont to perform EQUIVALENCE OF UNIVERSITY EDUCATION abroad, the points I.6 and I.7 constrain him to have 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 education in former URSS. The Ministry of Education and Research refused illegally to consider and solve their claims. The Document 8 contains the information on documents requested from a resident (with domicile) in Romania in order to perform a job contract. It is given an example from Polytechnic University of Bucharest, found in Internet. They state explicitly that it is necessary the copy of bulletin/card of identity. For instance, S. Vacaru in 2001 was cancelled by his job contract at Bucharest because the police had not issued him Identity Bulletin. It should noted that the North American Immigration Officials are not much skilled in the topics of “propiska/ identity bulletins/ domicile / permanent residence” because such formal concepts and documents do not exist in Canada or USA. Any outlines of Laws of Eastern European and Balkan Countries, for instance those at IBR Toronto emphasize issues on citizenships but not inform correctly on the concept of “domicile” which really discriminate people if they are residents out of the Country of their citizenship. From formal point of view, our family will be constrained to separate and go back to R. Moldova and Ukraine

because they were refused to obtain domicile in Romania – they can not work and really live in that Country. Document 5 Translation of information from the Romanian Embassy in Canada: http://www.ampli2de.com/embassy/cetatenie_ro.php#15 1.5 (Re) Establishing of domicile in Romania of Romanian citizens being in CANADA (returning to motherland) The Romanian citizens having permanent domicile in Canada written in passport and possessing record of landing or Canadian citizenship can re-establish domicile in Romania (returning to motherland). The claim with respect to re-establish domicile in Romania (returning to motherland) will be lodged directly to the section of police in the place where the domicile is going to be established. The section of police will issue to the claimant an identity bulletin and a proof of returning to motherland which will benefit for release from custom taxes in action. For additional information, consult the site www.customs.ro. The Romanian diplomatic missions and consulates abroad are not authorized to take claims for re-establish domicile in Romania (returning to motherland). 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 there are exit and entrance visas to the Country of domicile; d) the document certifying domicile in Canada (identity bulletin or Record of Landing); 11 e) certificate of re-obtaining Romanian citizenship, in original – when it is the case; f) certificates of civil state issued by Romanian officials (birth and marriage certificates)- Xeroxes; g) children’s photos under age of 14 years - dimensions 3.4 x 4.5 h) birth certificates for children – legalized copies; i) agreement in authentic form of the parent who is not establishing in Romania; j) receipt for related taxes at CEC or Treasury. Former Romanian citizens who wish to re-establish domicile in Romania have to re-obtain firstly the Romanian citizenship and, then, to satisfy the formalities necessary for establishing domicile in Romania. The certificates issued as a consequence of solving claims will be given only to the owners.

IMPORTANT: The absence in the passport of the mention on establishing domicile abroad results to incapability of legal points related to returning to motherland. Document 6. Translation of information on returning to motherland (establishing domicile in Romania) for Romanian citizenships with domicile abroad Source (in Internet on www.dsclex.ro there is given certain information in Romanian and English, we consider the information on useful documents related to domicile): http://www.dsclex.ro/acte_utile/documente/repatriere.htm Returning to Motherland  Birth certificate  Marriage certificate (if it is the case)  Document proving that one has living space (contract on selling-buying or renting)  Military certificate (if it is the case)  Tax  The Claim for re-establishing of domicile in Romania (Claim on returning to motherland) will be lodged to the police department in the city or place where the person is going to establish domicile. The police section will issue to the claimant an identity bulletin and a proof of returning to motherland, on which the personal good to be returned will be released from custom taxes.  The Romanian diplomatic missions and consul offices abroad are not authorized to receive claims on re-establishing domicile in Romania. Document 7 Translation from Romanian to English of the web information of the Ministry of Education and Research of Romania on requests for equivalence of education documents in Romania, see http://www.old.edu.ro/cnred5.htm Equivalence of education diplomas for Romanian citizens who studied abroad Necessary documents for EQUIVALENCE OF PRE-UNIVERSITY EDUCCATION 1. Claim addressed to the minister of education and research with the request for equivalence of the study document (it will be mentioned the exact address of claimant); 2. Registration number (Str. Spiru Haret nr. 12 – after verification of the file). 3. The education diploma received abroad - Xerox copy of the original

- Original of legal translation; 4. The school situation before leaving abroad (it is the case); 12 5. The school situation abroad, for education years and passed grades, from which follows the studied subjects and received qualifications, in legal translation and a Xerox of documents in the language of respective Country. 6. Passport copy (that with the name and stamp of entrance in Romania) Xerox + copy of identity document (BI, CI or birth certificate; translation remark: BI is identity bulletin required from adult persons, birth certificate may be used for not adult 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 bachelor 25 lei RON (250.000 lei ROL) for the diplomas of post-lyceum studies The money will be paid at the Ministry of Education and Research. REMARK: The documents will contain the Haag Convention Apostil (for the states participation at Convention) or supra-legalized by the competent officials from the Country of Reference; I. Documents necessary for EQUIVALENCE OF UNIVERSITY EDUCATION abroad 1. Claim to the minister of education and research with the request of equivalence of the document of education (it will be mentioned the exact address of the claimant) – the claim 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 and translation to Romanian – legalized (if it is the case). 5. Analytic programs of courses taken for obtaining the study document which has to be validated equivalently, original or legalized copy (legalized copy if it is the case). 6. Bachelor diploma or equivalent (translator’s remark: i.e. of any high school or preuniversity education), as Xerox copy (if it is in Romanian) or Xerox copy + translation to Romanian – legalized. 7. Proof of citizenship (bulletin, passport or returning to motherland) – Xerox copy. 8. Birth certificate; marriage (if it is the case) – in Romanian – legalized copy.

The performed envelope file is lodged at the ministry (room 1 – Spiru Haret). Document 8 Translation of http://www.hydrop.pub.ro/MENER/acte_evaluatori.doc related to http://www.hydrop.pub.ro/ At the Polytechnic University of Bucharest, Hydraulics and Hydraulic Machinery Department, in English, http://www.hydrop.pub.ro/fisa_disc_eng.htm DOCUMENTS 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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