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Hardship Waiver Application for Deportation

Table of Contents

  1. Introduction

  2. Background of the Client

  3. Hardship to the Client

  4. Hardship to the Client's Family

  5. Conclusion

Introduction

This application seeks a hardship waiver from deportation for [Client's Name], a [Nationality] national residing in Kenya. The application is based on the grounds that deportation would cause extreme hardship to the client and their family, as outlined in the Immigration and Refugee Act, 2011.

Background of the Client

[Client's Name] has been residing in Kenya for [Number] years. They have established strong ties to the country, including:

  • Family Ties: [Client's Name] has [Number] children who are Kenyan citizens. They are [Age] and [Age] years old. The children were born and raised in Kenya and have no other home.

  • Employment: [Client's Name] is employed as a [Occupation] at [Company Name]. They have been employed for [Number] years and contribute significantly to the Kenyan economy.

  • Community Involvement: [Client's Name] is actively involved in the community, participating in [Activities]. They have established strong relationships with their neighbors and friends.

Hardship to the Client

Deportation would cause extreme hardship to [Client's Name] for the following reasons:

  • Loss of Family: Deportation would separate [Client's Name] from their children, who are Kenyan citizens and have no other home. This separation would have a devastating impact on the children's well-being and emotional development.

  • Loss of Employment: Deportation would result in the loss of [Client's Name]'s employment, which is their primary source of income. This would have a significant financial impact on the family and could lead to poverty and homelessness.

  • Loss of Community: Deportation would sever [Client's Name]'s ties to the Kenyan community, where they have built a life and established strong relationships. This would result in a loss of social support and integration.

  • Health Concerns: [Client's Name] has [Health Condition] and requires access to medical care in Kenya. Deportation would disrupt their access to healthcare and could have serious consequences for their health.

Hardship to the Client's Family

Deportation would also cause extreme hardship to [Client's Name]'s family, including:

  • Financial Hardship: The family would lose their primary source of income, which would make it difficult to meet their basic needs, such as food, shelter, and education.

  • Emotional Distress: The children would experience significant emotional distress due to the separation from their parent. This could lead to behavioral problems and academic difficulties.

  • Social Isolation: The family would be isolated from their support network in Kenya, which could make it difficult to cope with the challenges of deportation.

Conclusion

Deportation would have devastating consequences for [Client's Name] and their family. The hardship they would face is extreme and outweighs any public interest in their removal. Therefore, we respectfully request that you grant a hardship waiver from deportation.

Sources:

  • Immigration and Refugee Act, 2011: This Act outlines the grounds for deportation and the process for seeking a hardship waiver.

  • Constitution of Kenya, 2010: This document guarantees the right to family life and the right to a fair hearing.

Note: This is a sample hardship waiver application and should be adapted to the specific circumstances of the client. It is essential to consult with an immigration lawyer to ensure that the application is properly prepared and submitted.

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