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JUdgement

angel666

Full Member
Jul 24, 2012
36
1
Any one can comment or answer please. My question is what if a refugees appeal at the federal court has been denied would that mean the next for that person is deportation? Isn't it the given time for them before they depart is 30 days only or else they would forcibly kicked out of the country?

This is the judgement -

THIS COURT’S JUDGMENT is that:

1. this application for judicial review is dismissed; and

2. no question of general importance is certified.
 

scylla

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I am not 100% sure.

I thought it was something along the lines of the following: Once refused, a departure order is issued (i.e. the person is told to leave the country). If the person fails to leave within 30 days, the departure order automatically becomes a deportation order.
 

Kev1n

Hero Member
Nov 11, 2012
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scylla is right you have 30 days to leave but you cann appeal, I just pasted this from CIC web site.

Pre-removal risk assessment – Refugee claims in Canada
Canada is committed to ensuring that people being removed from Canada are not sent to a country where they would be in danger or at risk of persecution.

If you are told to leave Canada, you will be given a notice that the removal order is being enforced. At that time, if you are eligible, you will be given the opportunity to apply for a pre-removal risk assessment (PRRA). If you apply, an officer will review your application, as well as documents and other evidence you provide in support of it. If you previously made a refugee claim, the officer will limit their consideration to new evidence, or that which you were not able to present at your refugee hearing. You may be asked to attend an interview. If you are eligible to apply for a PRRA, you will be given an application form and guide. You will have fifteen (15) days in which to apply.

When you receive your PRRA forms, your removal order is suspended for 15 days. This suspension will remain in effect until:

you notify Citizenship and Immigration Canada (CIC) that you do not intend to apply for a PRRA;
you miss the 15-day application deadline; or
you apply for a PRRA and your application is rejected (or you withdraw your application or leave Canada by choice).
Note: If the PRRA application forms are mailed to you, you will be given an additional seven (7) days in which to apply.

In support of your application, you will be able to submit written evidence to help explain the risk that you would face if removed from Canada.

In reviewing your case, the officer will consider:

risk of persecution as defined in the Geneva Convention;
risk of torture; and
risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.
Note: Remember, you are responsible for keeping your application up-to-date. If your circumstances change and this may affect your application, it is your responsibility to inform CIC of the change. This is so that decision-makers have all the information that you want considered for your application.

Some people are not eligible
Some people are not eligible for a PRRA. You are not eligible if you:

are a protected person (that is, you presently enjoy refugee protection in Canada);
were found to be a Convention refugee by another country and you can return there;
made a refugee claim and it was not eligible to be referred to the Immigration and Refugee Board (IRB) because you came to Canada from a safe third country;
made a refugee claim, which was rejected by the IRB (includes abandoned or withdrawn), and less than 12 months have passed since that time;
applied for a PRRA, which was rejected by CIC, and less than 12 months have passed since that time;
are subject to extradition (extradition is a formal request that Canada return you to another country because you are a suspected or convicted criminal).
In the event of a sudden change in country conditions, the Minister of Citizenship, Immigration and Multiculturalism may exempt certain nationals from the bar on accessing a PRRA. Regulations have been developed to specify criteria which must be considered when determining whether or not an exemption should be granted.

For more information, please see the Notice of Regulatory Changes to Applications for Permanent Resident Status and Changes on Accessing a Pre-Removal Risk Assessment.

If your application is accepted
If the PRRA officer accepts your application, you may receive the status of “protected person.” This means you can stay in Canada and you can apply to become a permanent resident.

If your application is rejected
If the PRRA officer rejects your application, you will receive a written notice. Your removal order comes into effect again and you may receive a reasonable period of time to ensure your departure from Canada. If your application is rejected, you may apply to the Federal Court of Canada for a review of the PRRA officer’s decision.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


Kev1n said:
scylla is right you have 30 days to leave but you cann appeal, I just pasted this from CIC web site.

Pre-removal risk assessment – Refugee claims in Canada
Canada is committed to ensuring that people being removed from Canada are not sent to a country where they would be in danger or at risk of persecution.

If you are told to leave Canada, you will be given a notice that the removal order is being enforced. At that time, if you are eligible, you will be given the opportunity to apply for a pre-removal risk assessment (PRRA). If you apply, an officer will review your application, as well as documents and other evidence you provide in support of it. If you previously made a refugee claim, the officer will limit their consideration to new evidence, or that which you were not able to present at your refugee hearing. You may be asked to attend an interview. If you are eligible to apply for a PRRA, you will be given an application form and guide. You will have fifteen (15) days in which to apply.

When you receive your PRRA forms, your removal order is suspended for 15 days. This suspension will remain in effect until:

you notify Citizenship and Immigration Canada (CIC) that you do not intend to apply for a PRRA;
you miss the 15-day application deadline; or
you apply for a PRRA and your application is rejected (or you withdraw your application or leave Canada by choice).
Note: If the PRRA application forms are mailed to you, you will be given an additional seven (7) days in which to apply.

In support of your application, you will be able to submit written evidence to help explain the risk that you would face if removed from Canada.

In reviewing your case, the officer will consider:

risk of persecution as defined in the Geneva Convention;
risk of torture; and
risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.
Note: Remember, you are responsible for keeping your application up-to-date. If your circumstances change and this may affect your application, it is your responsibility to inform CIC of the change. This is so that decision-makers have all the information that you want considered for your application.

Some people are not eligible
Some people are not eligible for a PRRA. You are not eligible if you:

are a protected person (that is, you presently enjoy refugee protection in Canada);
were found to be a Convention refugee by another country and you can return there;
made a refugee claim and it was not eligible to be referred to the Immigration and Refugee Board (IRB) because you came to Canada from a safe third country;
made a refugee claim, which was rejected by the IRB (includes abandoned or withdrawn), and less than 12 months have passed since that time;
applied for a PRRA, which was rejected by CIC, and less than 12 months have passed since that time;
are subject to extradition (extradition is a formal request that Canada return you to another country because you are a suspected or convicted criminal).
In the event of a sudden change in country conditions, the Minister of Citizenship, Immigration and Multiculturalism may exempt certain nationals from the bar on accessing a PRRA. Regulations have been developed to specify criteria which must be considered when determining whether or not an exemption should be granted.

For more information, please see the Notice of Regulatory Changes to Applications for Permanent Resident Status and Changes on Accessing a Pre-Removal Risk Assessment.

If your application is accepted
If the PRRA officer accepts your application, you may receive the status of “protected person.” This means you can stay in Canada and you can apply to become a permanent resident.

If your application is rejected
If the PRRA officer rejects your application, you will receive a written notice. Your removal order comes into effect again and you may receive a reasonable period of time to ensure your departure from Canada. If your application is rejected, you may apply to the Federal Court of Canada for a review of the PRRA officer's decision.
1. Note the OP has appealed to the IRB , refused and submitted leave to appeal to the Federal Court and was refused. There are no more levels of appeal for him/her.
2. Only if the IRB decision was over a year ago, has he/her the ability to file a PRRA. If it was less than a year since the decision, s/he is on his/her way home.
 

Kev1n

Hero Member
Nov 11, 2012
328
14
Category........
Visa Office......
Beijing
Job Offer........
Pre-Assessed..
App. Filed.......
09/06/2014
AOR Received.
01/08/2014
File Transfer...
01/08/2014 ( 26/09/2014--AOR2)
Med's Request
14/10/2014
Med's Done....
17/08/2013
Passport Req..
14/10/2014
Hi PMM, Yeah I looked at their previous posts, after, thanks aanyway.
 

angel666

Full Member
Jul 24, 2012
36
1
One last question if the person comply with the departure order can that person still come back and apply a PR? Can that person be sponsored by a PR as a partner or as a spouse?
 

scylla

VIP Member
Jun 8, 2010
95,909
22,153
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
angel666 said:
One last question if the person comply with the departure order can that person still come back and apply a PR? Can that person be sponsored by a PR as a partner or as a spouse?
Yes - they can still be sponsored for PR by their spouse.

Even someone who has been deported can still be sponsored by their spouse. However they'll need an ARC in addition to the standard application steps.
 

saint4peace

Star Member
Jul 11, 2012
156
15
124
Taiwan
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Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
June 22, 2012
AOR Received.
July 14, 2012
File Transfer...
August 29, 2012
Passport Req..
November 20, 2013
VISA ISSUED...
December 30, 2013
LANDED..........
February 12, 2014
Kev1n said:
Hi PMM, Yeah I looked at their previous posts, after, thanks aanyway.


Hi PMM & Kev1n: if an applicant get refused at both options like "PRRA" as well as "Humanitarian and Compassionate Grounds", what heppens then. The applicant applied for REVIEW of Federal Court and still got refused within 4 weeks. One of my known persons having this experience lately. Please shed some lights on it.
 

angel666

Full Member
Jul 24, 2012
36
1
saint4peace said:
Hi PMM & Kev1n: if an applicant get refused at both options like "PRRA" as well as "Humanitarian and Compassionate Grounds", what heppens then. The applicant applied for REVIEW of Federal Court and still got refused within 4 weeks. One of my known persons having this experience lately. Please shed some lights on it.
hi i guess the answer to your question is very obvious. Several times of refusal means rejection. In short that person has to go too.
 

angel666

Full Member
Jul 24, 2012
36
1
scylla said:
I am not 100% sure.

I thought it was something along the lines of the following: Once refused, a departure order is issued (i.e. the person is told to leave the country). If the person fails to leave within 30 days, the departure order automatically becomes a deportation order.
scylla, how many day will the order for departure will be issued if the dismissed appeal came out? Thanks.