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
executives@csip.ca www.csip.ca
February 19th 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: <Sergiu.Vacaru@gmail.com>
To: <executives@csip.ca>; <executives@csip.ca>
Sent: Monday, February 18, 2008 11:39 PM
Subject: More detail...

name: Sergiu Vacaru

email: Sergiu.Vacaru@gmail.com
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: Sergiu.Vacaru@gmail.com
h.tel. 1-6473406754

----- Original Message -----

From: <sergiu.vacaru@gmail.com>
To: <executives@csip.ca>
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: Sergiu.Vacaru@gmail.com, sergiu_vacaru@yahoo.com
>
>
>
> ---------- Forwarded message ----------
> From: <sergiu.vacaru@gmail.com>
> Date: Feb 16, 2008 1:53 PM
> Subject: Vacaru: Application for Appointments and Letters of Support
> To: pm@pm.gc.ca, finley.d@parl.gc.ca, finled@parl.gc.ca,
> Minister@cic.gc.ca, tanisha.pascal@cbsa-asfc.gc.ca,
> media-fct@fct-cf.gc.ca, Jonathan_Whitten@cbc.ca,
> Peter_Mansbridge@cbc.ca, info@amnesty.ca, toronto@amnesty.ca,
> gnafziger@amnesty.ca, scholarsatrisk@nyu.edu, nj371@nyu.edu,
> Volpej@parl.gc.ca, Volpej1@parl.gc.ca, refugees@amnesty.ca
>
>
> 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: Sergiu.Vacaru@gmail.com, sergiu_vacaru@yahoo.com
>
>
>
> --
> 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,
pm@pm.gc.ca
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, 1-613-
9541064, fax: 1-613-996-9749, 1-613- 9525533 (docs), finley.d@parl.gc.ca,
finled@parl.gc.ca, Minister@cic.gc.ca 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: tanisha.pascal@cbsa-
asfc.gc.ca
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, media-fct@fct-cf.gc.ca , 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
Volpej@parl.gc.ca, Volpej1@parl.gc.ca
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, Jonathan_Whitten@cbc.ca,
Peter_Mansbridge@cbc.ca
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:
info@amnesty.ca
Toronto Office: Amnesty International 14 Dundonald Street, Toronto, ON,
Canada M4Y 1K2
Tel. 416-363-9933, fax: 416-363-3103, e-mail: toronto@amnesty.ca,
gnafziger@amnesty.ca
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),
scholarsatrisk@nyu.edu, nj371@nyu.edu, 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: Sergiu.Vacaru@gmail.com,
sergiu_vacaru@yahoo.com
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 re-
deport 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 604-
601-8264 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 416-288-
4534, e-mail:immigrationtocanada@bellnet.ca
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 PRE-
UNIVERSITY 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
 SOS FACSIMILE TRANSMISSION
Courier via legal Alternative

DATE: February 19, 2008

FROM: Nuha Nancy Salloum 604-601-8264 604-582-4898
2000-1066 West Hastings Street
Vancouver, BC V6E 3X2, Canada executives@csip.ca

The Honourable Diane Finley, P.C., M.P.

Citizenship and Immigration Canada
Ottawa, Ontario 1 613 354 1064 1 613 952 5533
K1A 1L1
RE: Mr. Sergiu Vacaru and his family
Elaine Cook and Tim Vail
Press Secretary
Minister’s office
Citizenship and Immigration Canada
1 613 354 1064 1 613 952 5533
RE:: CEC and Immigration authorized Representatives
No. OF PAGES (INCLUDED THIS PAGE):---24 pages
MESSAGE Please see attached letter and hope to receive your recommendation.

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