PENDING NOD 1YR 9MONTHS!

[WATCHTOWA]

Hello Folks, I am sharing a friend's experience to know the possible way out of his current situation.

He had his RFG hearing sometimes in Jan 2020 and no decision has been received till date. This is an estimation of 1year 9months waiting period. I really feel for him cos I had my RFG hearing 2weeks after his and I have since received a decision and now a PR.

In my friend's case, he is neither here nor there, I read frustration all over him all the time. His lawyer claimed they can't move forward not until a decision is given to provide a clear direction towards pr, if decision comes positive, or an appeal if negative.

All responses and advice would be by highly appreciated.

Merci!

 

[canuck78]

Hello Folks, I am sharing a friend's experience to know the possible way out of his current situation.

He had his RFG hearing sometimes in Jan 2020 and no decision has been received till date. This is an estimation of 1year 9months waiting period. I really feel for him cos I had my RFG hearing 2weeks after his and I have since received a decision and now a PR.

In my friend's case, he is neither here nor there, I read frustration all over him all the time. His lawyer claimed they can't move forward not until a decision is given to provide a clear direction towards pr, if decision comes positive, or an appeal if negative.

All responses and advice would be by highly appreciated.

Merci!

This is an extremely unusual situation. There has to be more to this situation. Is the minister involved?

 

[WATCHTOWA]

This is an extremely unusual situation. There has to be more to this situation. Is the minister involved?

As per the info I have, the minister was never involved.

 

[Jaysonjide]

I got a Negative Decision last week after waiting 6weeks for the NOD. Do i have to pay my lawyer a new fee for the appeal cos am so confused right now. And the decision says i have to Notify RAD within 15days of my intent to appeal.
My timeline below
Claimed Refugee October 2021
Hearing July 4th 2022
Hearing PostPone to September 13th 2022
Was a very turf and interrogating hearing that lasted for 3hours , cos there was a Minister intervention and the Member didn’t give decision on the spot.
NOD arrive my mailbox on November 25th and was a Negative one, he rejected based on Credibility.

 

[canuck78]

As per the info I have, the minister was never involved.

Is CSIS involved? Other agency?

 

[WATCHTOWA]

Is CSIS involved? Other agency?

No other agency was involved. He had three members present during his hearing out of which two were trainees. After the hearing, members told him they won't be the ones to make a decision that their supervisors or whatever would still need to review and communicate his decision to him. We are still waiting.

 

[WATCHTOWA]

I got a Negative Decision last week after waiting 6weeks for the NOD. Do i have to pay my lawyer a new fee for the appeal cos am so confused right now. And the decision says i have to Notify RAD within 15days of my intent to appeal.
My timeline below
Claimed Refugee October 2021
Hearing July 4th 2022
Hearing PostPone to September 13th 2022
Was a very turf and interrogating hearing that lasted for 3hours , cos there was a Minister intervention and the Member didn’t give decision on the spot.
NOD arrive my mailbox on November 25th and was a Negative one, he rejected based on Credibility.

Discuss with your lawyer and agree on a fee... ensure to put in your appeal as soon as possible not to throw you out of status. The two weeks window is very firm! Goodluck

 

[canuck78]

No other agency was involved. He had three members present during his hearing out of which two were trainees. After the hearing, members told him they won't be the ones to make a decision that their supervisors or whatever would still need to review and communicate his decision to him. We are still waiting.

The wait is extremely unusual. There has to be something more going on or the case has something unusual that requires a lot more research and consideration. Were they ever part of the military in their home country? Part of any organization of concern to Canada? Did this person come straight from their home country to Canada and file for asylum? Has there been any dramatic changes in their home country since they filed for asylum? What was their groups for asylum? Are asylum claims from his home country common and commonly approved? What has his lawyer said about the wait and reasons for the wait?

 

[WATCHTOWA]

The wait is extremely unusual. There has to be something more going on or the case has something unusual that requires a lot more research and consideration. Were they ever part of the military in their home country? Part of any organization of concern to Canada? Did this person come straight from their home country to Canada and file for asylum? Has there been any dramatic changes in their home country since they filed for asylum? What was their groups for asylum? Are asylum claims from his home country common and commonly approved? What has his lawyer said about the wait and reasons for the wait?

The lawyer claimed to have reached out to IRB and the feedback was that they are still working on the matter.

He lived in the UK up to year or more after which he returned to his home country. He was in his home country for up to like 6years before coming to Canada to seek asylum. His story is similar to what pple from his home country has used to get a protected status in Canada.

Even in the case of being investigated about certain concerns... the waiting period is just unusual like you rightly said.

 

[canuck78]

The lawyer claimed to have reached out to IRB and the feedback was that they are still working on the matter.

He lived in the UK up to year or more after which he returned to his home country. He was in his home country for up to like 6years before coming to Canada to seek asylum. His story is similar to what pple from his home country has used to get a protected status in Canada.

Even in the case of being investigated about certain concerns... the waiting period is just unusual like you rightly said.

Assume the fact that he lived in the UK and didn’t claim asylum(or did he claim asylum there as well and maybe withdrew the application?). Were there similar issues in his country 6+ years ago while he was in the UK? Still much longer than average.

 

[WATCHTOWA]

He never claimed asylum in the UK. According to him, the threat he experienced when he left for UK was still present when he returned back home. He decided to settle in a different region when he returned home, but fled again when the threat became high in such a way that it could claim his life and the family at large.

 

[canuck78]

He never claimed asylum in the UK. According to him, the threat he experienced when he left for UK was still present when he returned back home. He decided to settle in a different region when he returned home, but fled again when the threat became high in such a way that it could claim his life and the family at large.

Assume the only potential issue was around his trip to the UK. If the threat existed when he went to the UK why didn’t her claim asylum. Has he ordered GCZmS notes? That may provide a clue. Can’t hurt. Would ask the lawyer to draft another email asking about the delay, expressing concern about the unusually long delay, whether there was any other issue that your team is unaware of, whether they needed further information about your case that you’d be happy to provide and then ask whether there Is a timeframe when you can expect NOD or else further measures will need to be considered.

 

[gayrefugee]

Hello Folks, I am sharing a friend's experience to know the possible way out of his current situation.

He had his RFG hearing sometimes in Jan 2020 and no decision has been received till date. This is an estimation of 1year 9months waiting period. I really feel for him cos I had my RFG hearing 2weeks after his and I have since received a decision and now a PR.

In my friend's case, he is neither here nor there, I read frustration all over him all the time. His lawyer claimed they can't move forward not until a decision is given to provide a clear direction towards pr, if decision comes positive, or an appeal if negative.

All responses and advice would be by highly appreciated.

Merci!

I submitted it on the same day as you, but my application was not processed until October 11, 2022. The medical examination passed on October 11, and there is no update now. Are you single?

 

[canuck78]

I submitted it on the same day as you, but my application was not processed until October 11, 2022. The medical examination passed on October 11, and there is no update now. Are you single?

Very different situation. They have been waiting for the results of their hearing for 1 year and 9 months.

 

[WATCHTOWA]

Assume the only potential issue was around his trip to the UK. If the threat existed when he went to the UK why didn’t her claim asylum. Has he ordered GCZmS notes? That may provide a clue. Can’t hurt. Would ask the lawyer to draft another email asking about the delay, expressing concern about the unusually long delay, whether there was any other issue that your team is unaware of, whether they needed further information about your case that you’d be happy to provide and then ask whether there Is a timeframe when you can expect NOD or else further measures will need to be considered.

Thank you. I knw requesting for GCMS notes require the input of an application number. In the case of a refugee claimant, would the notes reflect notes from IRB or just that of CBSA only..