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part, is described in additional
documents (REASONS For Humanitarian and Compassionate cases,
sub-folder CONTRIBUTION):
a) Introduction for: "Exceptional contribution, which Gunins could
bring to Canadian cultural heritage".
b) Evaluation of Lev Gunin as a talented musician / musical composer.
c) Evaluation of Lev Gunin as a poet and writer.
d) Evaluation of Lev Gunin as a human right activist, historian, and a
thinker.
e) Evaluation of Ina and Marta Gunin.
f) Evaluation of Gunins as a family.
SECOND 7 GROUPS OF REASONS (PARTS)
[ B) What hardship would you have if appeal from outside Canada?]
1. An irreversible damage could be cause to Applicants' health if they
will be forced to apply from outside Canada (see below)
2. Applicants' lives could be under a threat (see below)
3. Mistakes, committed by the members of the refugee board (IRB), Mrs.
Murphy, put Applicants' health and lives under an additional threat
(see below)
4. Applicants might face ill treatment and extreme sanctions if they
will be forced to appeal from outside Canada (see below)
5. Both Israeli authorities and IRB consider one of the Applicants as
an enemy of Israel with a tendency to justify any punishment (see
below)
6. Direct threats to Applicants used to come from Israel even here, to
Montreal (see below)
7. Because of all above-mentioned reasons exceptional hardship for
Applicants to apply from outside Canada (from Israel) seems obvious
(see below). A special permission (pass) is required to leave Israel.
Lev GUNIN was always refused that "departure authorization" during
3,5 years, when he lived in Israel. He links Israeli authorities'
decision to give him at least that authorization with his appeal to Amnesty
International in 1994. Authorities in Israel will never give it to
Gunins again (Israeli authorities refusal to give Gunins permission to leave
the
state of Israel during 3 years was discussed during their refugee
hearing; refers to CASSETTES). So, he never could do the independent
immigration procedure from outside Canada because Israeli authorities
will never let him leave Israel again! The certified translation of that
pass - permission - (2-pages document) was presented to the IRB in
Montreal and can be found in folder SUPPLEMENTS-2.
Humanitarian & Compassionate Cases - page 8 -
Part 1 - (b)
Thesis: An irreversible damage could be caused to Applicants health if
they will be forced to apply from outside Canada
There are 5 main reasons for that:
1) Because one of Applicants' passports has been expired, and can not
be extended (see: SUPPLEMENTARY DOCUMENTS-2,
documents 5,6,7,8,9,10,11, etc.) Applicants could go outside Canada
only to Israel. In the same time Applicants have so much fear of what
they believe could threat their freedom, lives, right not to be
persecuted, if they would be forced back to Israel, that it alone could
damage
their health by a psychological shock (see: APPLICANTS, Document 1).
Three and a half years in Israel already damaged Applicants' health so
much that now another push towards the same country may lead to
irreversible damage to their health. This issue was described or
reflected in next documents: APPLICANTS, Document #1, pages
5,6,7,8,17,18; NOTE OF MOTION OF EXTENSION OF TIME; SUPPLEMENTS; see
the list of medical documents. To evaluate this point it
is necessary to read over all documents in this submission. To examine
this point, please, read over the above mentioned documents.
[Please, also look over all medical documents in SUPPLEMENTARY
DOCUMENTS-2, sub-folder MEDICAL].
2) What Applicants consider as IBR members' humiliating behavior and
partiality provoked Applicants to feel themselves completely
unprotected, insecure, bad-treated and insulted (see: APPLICANTS,
Document #1, pages # 3-8, 14-18; Document #4, parts 1,2, and 3;
Document #5; also see: LAWYER'S FILE, Document # ). This caused an
additional damage to their health.
Part 2 - (b)
Thesis: Applicants' lives could be under a threat
Applicants' lives might be under a threat if they will be forced to
appeal from outside Canada.
Predictable inhuman treatment and extreme sanctions against them in
Israel (because this is the only country they can go: please, read
over the First seven reasons, this document, page #2) can put even
their lives under a threat.
They already faced inhuman treatment and extreme sanctions in Israel
(see: APPLICANTS, Document #1, pages # 10-14, 16-19), and
there are same significant indications (see the same documents) that
the both inhuman treatment and extreme
- Humanitarian & Compassionate Cases - page 9 -
sanctions will be used against them again as soon as they will enter
the state of Israel.
Such a sensitive towards some specific items state as Israel might
retaliate against Lev Gunin even for his request to terminate his Israeli
citizenship.
Both adults - both husband and wife - already suffering from: she -
chronically fatigue and depression, he - from hyper tension and other
blood vessel disorders, as well as neurological disorders in result of
what - they believe - happened to them in Israel. Their heath disorders
were jeopardized because of extremely painful and dramatically tenth
immigration collisions. Now the state of their health is not a direct
threat to their lives. But if removed to Israel, Applicants could face
any father damage to their health, and then it could become irreversible.
Besides, Applicants' lives might be under a threat in Israel: sooner or
later. The latest documents enclosed by Applicants in this submission
present some further explanations.
Part 3 - (b)
Thesis: Actions, committed by the members of the refugee board (IRB),
put Applicants' health and lives under an additional threat. In her
speech in the Federal Court Immigration representative, Mrs. Murphy,
repeated IRB's mistakes, and even enforced them
Non-compatible with the status of IRB actions, which were committed by
the IRB members, assigned to Applicants' file, directly increased
an eventual danger for Applicants if they would be forced to go back to
Israel:
1. IRB members contacted Israeli embassy and denounced (disclosed)
Applicants' refugee claim (see next documents: APPLICANTS,
Group of Documents #4, document #3 (p.p.1,2,3); APPLICANTS, document #1
(page 1, paragraph 3, points 2,3,5,8, 11); APPLICANTS,
document #1, INTRODUCTION, and pages 7, 8, 9, 10, 14, 15, 16, 17, 18;
SUPPLEMENTS, documents #6, 7). IRB members had no
reasonable grounds to do that (APPLICANTS, document #1, page 13,
paragraph "D"). The disclosure of Applicants' refugee claim to Israeli
officials from one side shows the total ambivalence of the IRB members
towards refugee claimants' security, and from another side caused
an additional severe threat to their freedoms and lives if they will be
moved to Israel.
2. IRB members presented Applicants as exaggerators, who committed
themselves to spread slander against "their" state (see next
documents:
- Humanitarian & Compassionate Cases - p.10 -
APPLICANTS, Group of Documents # 4, Document #3 (p.3, paragraph 4; p.4,
3 last paragraphs; p.5); APPLICANTS, Document #5, p.2,
paragraph P.4).
3. IRB members pretended that the Applicants appealed to dozens of
institutions and organizations in Israel (with complains) not for
protection but to spread slander against "their" country (see:
APPLICANTS, document #5, p.2, paragraph P.4). IRB members recognised
that Applicants started to complain to dozens of organizations and
institutions when they lived in Israel, and were denied protection. But
the IRB concluded that the police and other Israeli institutions'
refusal to give family Gunin protection was justified because of the views,
expressed by family members (folder APPLICANTS, document 5, page 3).
The IRB also invented a speculative suggestion that Gunins
turned to all these organisations not for protection but for propaganda
against Israel (APPLICANTS, document 5, page 3). They also called
Gunins aggressive
"exaggerators", dangerous to their country (they did not use the word
"dangerous", but this is what they mean). The Immigration Board
(IRB) also indirectly called Gunins "property of Israel" just because
the state of Israel paid for Gunins' transportation from Warsaw to
Tel-Aviv. IRB denied the right for all Russian speaking refugees from
Israel to claim a status of refugees in principle: just because they
came to Tel-Aviv for Israel's cost and because they were allowed to
come to Israel according to "the law of return" (see APPLICANTS,
document 5, page 2, paragraph P.3).
4. IRB members expressed almost direct insinuations that Applicants
came to Canada to defame against "their" country, just camouflaging
it by the refugee claim (see APPLICANTS, document 5, page 2, paragraph
P.3).
5. Therefore the general ideologically-motivated line in IRB statements
and in their questions during interrogations put the equal sign
between peaceful protests against human rights violations, Applicants'
attempts to defend themselves, their human dignity in Israel, - and
revolutionary activity, defamation and/or mutiny.
6. Everything, starting from IRB members' replicas during the hearing,
to their negative decision's text, is a direct encouragement for Israelis
to continue persecutions of Applicants. Or a direct order...
Part 4 - (b)
Thesis: Applicants might face ill treatment and extreme sanctions if
they will be forced to appeal from outside Canada
It is clear from the above placed information that Applicants can go
outside Canada only to Israel. But in Israel Applicants would face ill
treatment and extreme sanctions.
- Humanitarian & Compassionate Cases - p.11 -
This part correspond to all above mentioned reasons.
To learn more, please, read over next documents: folder APPLICANTS,
document#1, page 16, INHUMAN TREATMENT; folder
APPLICANTS, document#1, page 10; APPLICANTS, GROUP OF DOCUMENTS #4,
document#1.
Part 5 - (b)
Thesis: Both Israeli authorities and IRB considered one of the
Applicants (L. Gunin) as an enemy of Israel with a tendency to justify any
punishment.
This consideration goes in contradiction with the clear evidence that
the only thing he wants is to be away from the state of Israel, and the
only method he's using to achieve it is the peaceful, legal approach.
The Refugee Board's treatment of Mr. Gunin is evidently not
independent. During their evaluation of GUNINS' claim they were in close
contacts with Israeli embassy. They clearly demonstrated a tendency to
represent the attitude from the Israeli point of view before the
objective evaluation of the dangers for the refugee claimants in case
of their removal. Instead of defining whether or not the removal of the
refugee claimants from Canada is dangerous for them, they made attempts
to define their "guilt". Instead, the Refugee Board turned itself
into a kind of a criminal (or, rather, a political) court, accusing
Applicants in exaggerations, propaganda against Israel, and other "crimes".
The very tone of the negative conclusive decision is not a neutral, but
accusational. The same tone was used by all Israeli official
documents, which concern Applicants.
Part 6 - (b)
Thesis: Direct threats to Applicants used to come from Israel even
here, to Montreal
Israeli state radio and newspapers used to make direct provocation
against Lev Gunin trying to cause violence against him, playing on
sensitive issues. Applicants also used to get mails from Israel, which
reflected some actual threats to them. There also were malicious
telephone threats, e-mails, and other forms of threats. Applicants
believe that an official status in Canada given to them could put an
immediate end to such threats. In the same time these threats proved
that if removed to Israel Applicants would face malicious anger of
Israeli authorities as well as of ordinary Israelis [see APPLICANTS,
SUPPLEMENTS, documents #30 ("A" and "B")].
- Humanitarian & Compassionate Cases - p.12 -
Part 7 - (b)
Thesis: Because of all above mentioned reasons the extreme hardship for
Applicants to apply from outside Canada (from Israel) seems
obvious.
Applicants can never apply from Israel (the only country they can go)
for Canadian permanent residency because of: 1) predictable
persecutions; 2) impossibility of accommodation in Israel; 3) eventual
confiscation of Applicants' passports; 4) a special permission, which is
required in Israel to leave the country; Israeli authorities will never
give it to Lev Gunin again (the permission issue was already discussed
during the refugee hearings).
Resume: Family Gunin suffered a lot. They went through dramatic,
drastic, and tragic events. It is absolutely clear that they can not apply
for permanent residency in Canada from outside Canada. A refusal to
give them a possibility to apply from within Canada will bring their lives
to a tragic end. If humanity and compassion is not for them - for whom
then?
IMPORTANT NOTICE: PLEASE, TAKE INTO CONSIDERATION THAT SOME OF THE
DOCUMENTS, MENTIONED HERE AND IN
OTHER DECLARATIONS, WITH REFERRAL TRACES, MIGHT BE SUBMITTED 1-2 WEEKS
AFTER
PART 2
Lev Gunin - Humanitarian & Compassionate Cases
IMM Second Additional Document [refers to the form 5283 (02-98) E]
Exceptional contribution, which Gunins could bring to Canadian cultural
heritage
REFERS TO
REASONS
ADJUSTMENT TO SUPPLEMENTARY INFORMATION HUMANITARIAN & COMPASSIONATE
CASES
Grounds for Exemption - Adjustment to Paragraphs A and B
Three members of Applicants' family can bring an exceptional
contribution into Canadian cultural heritage.
1. Mr. L. Gunin is a productive musical composer, journalist,
historian, poet, writer, and amateur photographer. He is also an advance
computer designer and HTML programmer.
Mr. Lev GUNIN is an editor of two non-commercial Montreal-based
newspapers: in Polish and in Russian languages. He is an owner and
editor of 11 web sited on Internet; 7 of them are E-Zines. His
newspapers and E-Zines became wide known among International Internet
community. People submitted him tenth of mails and thousands of
E-mails. They expressed their interest and approval. His creative works
in Russian (poetry and prose) became known on faculties of Russian
Literature in a number of universities, for example, in Gomel University
(Belarus) or Moscow State University (Russia). A number of famous
personalities like a famous Russian writer Vladimir Batchev or poet
Andrei Voznesensky spoke with warmth about L.Gunin's poetry. Mr. Josef
Brodsky, Noble Prize-winner, has marked his poetry as unusual
and sophisticated. Mr. Gunin's essays were published in huge number in
Belarus, Russia, Israel, Germany, France, Poland, and Canada.
Interviews with him were published by the leading Russian newspaper
"Vesti" in Israel (1994) and by the Radio "Russian Aliance" in
Montreal, Canada (1998). World-famous writer and scenario creator,
author of the famous American movie "Hostages", Mr. Grigory Svirski,
citizen of Canada, gave the highest approval to L. Gunin's creative and
social activity. Gunin's prose and poetry were added to the most
complete and famous electronic Russian libraries (Alex Farber & Maxim
Moshkov's library, for example).
Mr. Gunin is an author of numerous contemporary compositions for piano,
orchestra, choral, instrumental duets, trios, etc., and also
electronic music and songs in jazz, pop and rock styles. In Montreal he
took part in a number of music festivals, concerts, and other types
of musical activity. During his Montreal's life period he released
several musical albums with other musicians and poets - both immigrants
and Canadian citizens. He created several songs with relatively
well-known Montreal poet Miguel Lamiel. His music was placed on Internet.
He participated in so many musical events that they hardly could be
listed. Mr. Gunin is a member of Montreal-based Saint-Lawrence choral
(the leading in Quebec) and Union Des Artist.
Mr. Gunin is a known human rights activist, recognised by many informal
human rights groups all over the world. He maintains contacts with
the leading human rights organisations.
Mr. Gunin's works about the history of Belarus were approved by all
leading professional historians in Belarus, including A. Gritzkievich, A.
Tarasov, O.Dadiomova, V. Posse, etc. His work "BOBRUYSK" is a unique
monograph of that kind among the books about Belorusian
cities.
He is also an author of works in music history, musicology, theory of
music, counterpoint, art, and culture. He is an author of a number of
philosophical essays and works in political science.
As an amateur photographer he has a fresh, colourful and original
style.
Mr Gunin is an advanced amateur computer technician, designer and HTML
programmer.
He is also an amateur architect.
All about mentioned information is supported by documents, referrals,
photos, diplomas, certificates, etc. This supplementary information
evaluates each sphere of Mr. Gunin's activity separately, and could be
divided on next parts:
1) Music plus works in musicology
2) Poetry
3) Prose
4) Journalism
5) Works in history
6) Computer skills + HTML programming
This 6 groups of documents will be submitted 1-2 days later or could be
presented on your request.
One can ask: Why - if he is so talented - we never heard about him?
This is because in the former USSR Lev was seriously persecuted (read
over folder Applicants, document 2), his creative works were not
compatible with the communist ideology - and therefore could not be
officially presented for publications or awards. All doors were closed
before him, and his carrier was broken in advance.
Could he make his carrier in Israel - country, where he never wished to
go and where he was taken by force; country, which he criticised
long before he was taken there? (See: Applicants, Documents 1, 2,
etc.). Of course, not!
In Israel he was also widely persecuted. He was not permitted to work
in his profession; even an employment authorisation was refused
him: formally an Israeli citizen! Newspapers in Israel called him "an
enemy"; Israeli State radio called him "an enemy"! (See other
documents). He could not advance in his attempts to be treated like
other people (see attached documents)...
Now, in Canada... In spite of the pressure of his tragic immig