Notice to appear for a proceeding
- Thread starter canada449
- Start date
This is unusual. It is not related to the PR process as far as I know.
Who is the letter from? CBSA?
Is there anything unusual or complex about your application?
Hi - hearings have titles - refugee hearing, admissibility hearing, PRRA hearing, Appeals hearing.
What's the title for the hearing you're having?
This is that subsection.
https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-228-20200321.html
This is an admissibility hearing and would only intersect with the refugee determination if you have some sort of serious inadmissibility like criminality, for example.
Such a finding could cause a clawback of the positive Protected Person determination.
"What one hand giveth the other may taketh away."
Section 98 of IRPA provides that a person referred to in section E or F of Article 1 of the Refugee Convention is not a Convention refugee or a person in need of protection.
Article 1F, set out in the schedule to IRPA, reads as follows:
F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:
- he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
- he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
- he has been guilty of acts contrary to the purposes and principles of the United Nations.
it looks like it is a serious problem. I will let my lawyer take a look at that. Also another legal sections are used in the letter.
-The basis for the proceeding is a report submitted under paragraph 41(a) 20(1)(a). I checked that and didnt understand much.
It's a good idea to speak with your lawyer but it actually looks like it may not be serious.
it looks like it is a serious problem. I will let my lawyer take a look at that. Also another legal sections are used in the letter.
-The basis for the proceeding is a report submitted under paragraph 41(a) 20(1)(a). I checked that and didnt understand much.
Usually this is the basis for the issuance of a conditional removal order when someone initially makes a claim for Protected Person status.
In most instances, if I am correct, this comes before a decision on the refugee claim because the "condition" is that the removal order disappears with a positive finding of Protected Person status.
This would be like adding cream to a coffee that you've already drank.
The letter actually includes copy of a paper that I signed when I am making a refugee claim. Title is the same but only the section number is different which is 44(1) on the copy. But the second letter I mentioned here looks like an unordinary letter that calls me to CBSA location for interview or hearing. I asked my refugee friends, none of them got that kind of CBSA interview letter after the hearing. Something on my PR application must have triggered this letter I think. I will get my NOD and go to the CBSA location and see what happens.