Can I switch my status from "Refugee applicant" to any other application ?

[mdnu]

Hi,

I had applied for Refugee Protection in 2010. I received my court hearing date in the year 2014. They rejected my application on that hearing. Now I have applied for an appeal on Judicial Review and am waiting for further response, whether I will be eligible to go through Judicial Review or not.

I want to know that at this point am I allowed to switch into or apply under a different category to stay here in Canada (for example Federal Skilled Worker etc) ?

All kind of advice will be highly appreciable and taken on board.

Thank You.

 

[zardoz]

Hi,

I had applied for Refugee Protection in 2010. I received my court hearing date in the year 2014. They rejected my application on that hearing. Now I have applied for an appeal on Judicial Review and am waiting for further response, whether I will be eligible to go through Judicial Review or not.

I want to know that at this point am I allowed to switch into or apply under a different category to stay here in Canada (for example Federal Skilled Worker etc) ?

All kind of advice will be highly appreciable and taken on board.

Thank You.

My understanding is that the answer is no. At the end of the appeal process, you will be removed from Canada if the appeal fails. What you do after that is up to you but it would be from outside Canada.

 

[scylla]

I want to know that at this point am I allowed to switch into or apply under a different category to stay here in Canada (for example Federal Skilled Worker etc) ?

No - you can't "switch".

If you drop your refugee application then you will have to leave Canada. Having said that, you could certainly drop your refugee case, leave Canada and then apply for PR through a different category (e.g. skilled worker) from outside of Canada.

 

[mdnu]

Thank You for the information.

I have couple of more concerns.

1. After receiving a negative decision, consider if my "leave order" is accepted to continue for "judicial review".

Is there a possibility that I can provide new evidence documents to backup my application? Or do I have to stick to the older evidences that I had provided before I received a negative decision ?

2. Also, lets say if the Immigration Refugee Board issues me a "deportation letter".

Is there any duration until which I will be allowed to stay here in Canada ? Or is there any possibility that I can further go ahead and apply under "Humanitarian and compassionate grounds" ?

 

[zardoz]

I believe that the basic answer to both questions is "No".

1) Judicial review tests the application of law to a case, not reassessment of the evidence.

2) If you are eligible for a PRRA, this may delay your Departure. However once destined for Deportation, you will get no further delaying options.

IANAL...

 

[mdnu]

Thank you again.

1/ I am wondering if I don't get leave order for the judicial review they will give me removal order automatically or I will get few months if I want because am here been 4 years I opened one business 1 year ago.if I don't get time then what it will be happen my businesse land lord agreement under my name.
I appreciate very much if get details.

 

[zardoz]

If they are kind to you, they may give you 30 days to leave.

 

[mdnu]

Thank you for the information.