Seeking advice for a friend facing challenges with immigration and family reunification

[Username5]

Hello everyone,

I am writing this post on behalf of my friend who has been going through a difficult situation. He left his family in 2015 and has not been able to reunite with them since. His case was rejected for some reason and he applied for a Pre-Removal Risk Assessment (PRRA) application. 3 months ago He has already had his hearing, but he still has not received a decision. He is feeling hopeless and is considering going back to his home country because he would rather die once than to die every day. This situation is causing a lot of pain for him, especially since he has children who are waiting to reunite with him and he is also dealing with health issues.

We would appreciate any advice or suggestions from individuals who may have gone through a similar situation. Thank you for your time and effort.

 

[scylla]

Hello everyone,

I am writing this post on behalf of my friend who has been going through a difficult situation. He left his family in 2015 and has not been able to reunite with them since. His case was rejected for some reason and he applied for a Pre-Removal Risk Assessment (PRRA) application. 3 months ago He has already had his hearing, but he still has not received a decision. He is feeling hopeless and is considering going back to his home country because he would rather die once than to die every day. This situation is causing a lot of pain for him, especially since he has children who are waiting to reunite with him and he is also dealing with health issues.

We would appreciate any advice or suggestions from individuals who may have gone through a similar situation. Thank you for your time and effort.

I'm sorry for your friend's situation.

He can certainly return home. That's one option. If he does this, then it will be difficult to return to Canada in the future. Although one option for returning in the future would be through an economic immigration application like Express Entry or PNP (if he qualifies).

Alternatively he can remain in Canada and hope the PRRA application is successful and then to continue to try to secure PR through either asylum or an H&C application. However in that case it may still be a while before his family can come to Canada.

This is a very personal choice in many ways.

 

[Username5]

I'm sorry for your friend's situation.

He can certainly return home. That's one option. If he does this, then it will be difficult to return to Canada in the future. Although one option for returning in the future would be through an economic immigration application like Express Entry or PNP (if he qualifies).

Alternatively he can remain in Canada and hope the PRRA application is successful and then to continue to try to secure PR through either asylum or an H&C application. However in that case it may still be a while before his family can come to Canada.

This is a very personal choice in many ways.




If my friend withdraws his PRRA application, will he be deported immediately or will he be given some time to make arrangements to leave Canada?
Can my friend apply for H&C (humanitarian and compassionate) considerations after withdrawing his PRRA application?
Would withdrawing the PRRA application have any impact on his ability to apply for H&C considerations?
What are the eligibility requirements for H&C considerations, and how does he go about applying for them?
Thank you for your response and for offering your insights. Do you have any other suggestions or advice that you can offer to my friend during this difficult time?

 

[Bornlucky]

Hello everyone,

I am writing this post on behalf of my friend who has been going through a difficult situation. He left his family in 2015 and has not been able to reunite with them since. His case was rejected for some reason and he applied for a Pre-Removal Risk Assessment (PRRA) application. 3 months ago He has already had his hearing, but he still has not received a decision. He is feeling hopeless and is considering going back to his home country because he would rather die once than to die every day. This situation is causing a lot of pain for him, especially since he has children who are waiting to reunite with him and he is also dealing with health issues.

We would appreciate any advice or suggestions from individuals who may have gone through a similar situation. Thank you for your time and effort.

Hi, what country is your friend from and given that he's so far been unable to establish that he faces a risk there, what's the basis of his fear?

 

[scylla]

I'm not sure how long he would have to leave if he withdraws PPRA. However I believe this would trigger the deportation order. I'm sure others will comment.

For H&C, the one year bar applies to him. He cannot apply for H&C for 1 year from the date of the negative refugee decision. There is a best interests of a child exemption but this wouldn't apply to him since his children are outside of Canada. So he probably still has a while to wait before he can even submit the H&C application.

Ultimately he needs to make the decision whether he's willing to be separated from his family longer to try to get PR in Canada - or if being reunited with his family soon is a higher priority.

 

[Simba112]

I'm not sure how long he would have to leave if he withdraws PPRA. However I believe this would trigger the deportation order. I'm sure others will comment.

For H&C, the one year bar applies to him. He cannot apply for H&C for 1 year from the date of the negative refugee decision. There is a best interests of a child exemption but this wouldn't apply to him since his children are outside of Canada. So he probably still has a while to wait before he can even submit the H&C application.

Ultimately he needs to make the decision whether he's willing to be separated from his family longer to try to get PR in Canada - or if being reunited with his family soon is a higher priority.

Usually PRRA is offered when Removal order is in place as option to give Protection to a person facing danger if removed from Canada. In this case, there is Removal Order in place pending PRRA determination. If he chose to withdraw PRRA application, Removal order becomes active and he needs to leave Canada within 30days. If he leaves within 30days but does not notify CBSA of his departure, or if he fails to leave within 30days, Deportation Order kicks in. Deportation order carries severe consequences than the other [ Departure and Removal Order]

• 112 (1) A person in Canada, other than a person referred to in subsection 115(1), may, in accordance with the regulations, apply to the Minister for protection if they are subject to a removal order that is in force or are named in a certificate described in subsection 77(1).