PRRA rejected (of course) - Anyone here appealed to Stay the removal order?

[VioletBlue]

So I got a dreaded call from CBSA....informing me that my prra was rejected...just what I expected....he said that some officers r coming to the island next week to deliver stuff...(more removal orders I bet!) And they will bring my prra document....

He asked what stage is my family application at w CIC and I said they received it and issued us UCI...so he will call to ask where the process is at...if I get AIP..that takes precedence over removal order and I get to stay....so dunno where CIC is at with it.....hoping for a miracle here

Then he said that at some point they will call me to go to their offices in Vancouver(Welcome to the Hornets nest!! Ugh) and sign some papers...and discuss my options(I have Options!? Really!?!)....he asked if I have a consultant/lawyer....I said no, should I get o e? He said it may be a good idea...but healso said to not freak out and get one tomorrow...he made it seem like I have options and there is still some time....he said "its not like I'm gonna say OK you have to leave the next day"

He also said that we will come up with something that works for CBSA and for me as well...(dunno what that means but alrighty!)


So does anyone here have Any experience with Staying the removal order due to H&C grounds....on Immigration website you may appeal based of H&C reasons....

My reasons that I have husband and 2 small kids (2y and 3mths and haven't been back home in over 8 years)

So if anyone can shed some light on what I should do next, Please do

Thanks!!

 

[lellen]

May I ask why you have a removal order? It seems like other members may be familiar with your case, the way you're telling it, but I'm really curious, what happened? Sounds like the CBSA person is also really friendly, like... "here I have to kick you out of here but I don't really want to and I'm being nice about it".

Also, what's a prra?

 

[VioletBlue]

hey yeah they know my case here.....well i over stayed...and outta status...so they came in january to my house asked Qs...why I was out of status etc.....then I had interview(by phone) where they issued exclusion order.....and said I was eligible for PRRA which is pre-removal risk assessment...basically if your life is in danger in your home country they will asses that and let u stay....slim chances for that to be approved...but it gives you some time to figure things out as it takes 2-6 mths to process...

yeah he was super nice....He knows I'm not gonna do anything stupid or run from them...and that I have family here so he probably feels sorry for me...

 

[Rob_TO]

So does anyone here have Any experience with Staying the removal order due to H&C grounds....on Immigration website you may appeal based of H&C reasons....

My reasons that I have husband and 2 small kids (2y and 3mths and haven't been back home in over 8 years)

So if anyone can shed some light on what I should do next, Please do

I have to imagine forcing a mother to leave her 3 month old infant child is pretty cruel, and would be grounds for H&C stay. Just common sense though, I don't know what CBSA actually does in these situations.

 

[Avadava]

Violet, when did you file your sponsorship app? I can't remember exactly.

As far as I can see, a PRRA rejection can be appealed to the Federal Court (maybe that's why he said it would be a good idea to hire a lawyer?).

Info found on the web:

"There are two ways to stop removal. First, you can ask that the date of your removal be postponed to a later date so that you can have enough time to arrange and prepare: for example, to have a pending humanitarian & compassionate H&C application decided, to get rid of some of your assets, have your children complete their school year, undergo pending medical examination, or to prepare for other related matters. This is generally referred to as a “request to defer removal”. Your request for deferral of removal must be made in writing to the Removals Officer in charge of your deporation at the Removals Unit of the Canada Border Services Agency (CBSA) office. Again, a timely request is of outmost importaance since, generally speaking, the Removals Unit take at least two weeks to process the request. If your request for deferral of removal is refused, you can appeal that rejection to the Federal Court.

Your second option is to appeal to the Federal Court and ask the Federal Court to review the PRRA officer's decision. You can find more information on this in the Appeals to the Federal Court section of our website. It is of crucial importance to note that any appeal to the Federal Court in this context must be made within 15 days of the date on which you received the refusal decision.

To stop the deportation, after appealing the refusal decision of the PRRA officer, your lawyer will then have to bring an emergency motion for stay of deportation. The Federal Court has the statutory jurisdiction to make an order stopping the deportation order or removal order. The timing of the motion is critical in this context as all steps in filing the motion and the supporting documents must be taken in very short order within a matter of mere days. This is due to the fact that at the Federal Court, motions are only heard on certain days of the week depending on the location. For example, in Toronto, the Federal Court only hears motions on the days of its General Sittings on Mondays. In order to have a motion heard on a given Monday, the material in support of the motion must be field by the Wednesday preceding the day of the hearing. It is therefore of crucial importance to contact a lawyer experienced in Federal Court litigation at the first available opportunity so that all steps, from the filing of the appeal to the timing of the motion can be taken in a timely manner. As you can imagine, motions before the Federal Court are subject to complex procedural and evidentiary rules that can only be trusted to an experienced litigator with specific expertise in stay motions."

I'm not really sure what to believe from what he told you. If he called you in the office to discuss "options", then why didn't he tell you the options by phone? I really hope he is a nice guy trying to help you (come up with something that works for CBSA and you as well), but I don't trust those people.

I wish there was some advice I could give you, I really feel bad for what you're going through. I think it all depends if they will wait for you to get AIP before they enforce the removal order.

 

[scylla]

I believe Violet filed the application in January. I believe she's also been in Canada and out of status for around 7 years now - which is probably a complicating factor since it's a long time. Violet - is that right? And have you find a good lawyer?

 

[VioletBlue]

Yes i they received it in January, so almost 5 mths ago...

I don't trust them either...but this offices has been handling my case ...and he is one of the ones that were at my house and saw how scared I was and he seems generally nice...I mean SOME of these CBSA ppl gotta have some heart...rt?

I haven't found a lawyer yet...but there r few immigration ones in Victoria here so I will be talking to one for sure....wish we actually had Money to hire one :/

 

[Hasan9999]

So I got a dreaded call from CBSA....informing me that my prra was rejected...just what I expected....he said that some officers r coming to the island next week to deliver stuff...(more removal orders I bet!) And they will bring my prra document....

He asked what stage is my family application at w CIC and I said they received it and issued us UCI...so he will call to ask where the process is at...if I get AIP..that takes precedence over removal order and I get to stay....so dunno where CIC is at with it.....hoping for a miracle here

Then he said that at some point they will call me to go to their offices in Vancouver(Welcome to the Hornets nest!! Ugh) and sign some papers...and discuss my options(I have Options!? Really!?!)....he asked if I have a consultant/lawyer....I said no, should I get o e? He said it may be a good idea...but healso said to not freak out and get one tomorrow...he made it seem like I have options and there is still some time....he said "its not like I'm gonna say OK you have to leave the next day"

He also said that we will come up with something that works for CBSA and for me as well...(dunno what that means but alrighty!)


So does anyone here have Any experience with Staying the removal order due to H&C grounds....on Immigration website you may appeal based of H&C reasons....

My reasons that I have husband and 2 small kids (2y and 3mths and haven't been back home in over 8 years)

So if anyone can shed some light on what I should do next, Please do

Thanks!!

Stay would be a good option here which will cost you money. Try to get the GCMS notes on your sponsorship application. You need a good lawyer. You do need media support at this stage to some extent as this case is quite sensitive. Good luck to you.

 

[Ponga]

It's quite possible that CBSA will request CIC to expedite your application to AIP within 60 days, which is their way of deferring the removal. It's also possible that CBSA has already contacted CIC to get this moving.

Gee...imagine getting AIP sooner than all of the other January applicants, simply because you were out of status! LOL!

Good luck!

 

[VioletBlue]

It's quite possible that CBSA will request CIC to expedite your application to AIP within 60 days, which is their way of referring the removal. It's also possible that CBSA has already contacted CIC to get this moving.

Gee...imagine getting AIP sooner than all of the other January applicants, simply because you were out of status! LOL!

Good luck!

Gee! How awesome would THAT be!! Suckers!! Bahaha

ok ok...sit down ppl I am ONLY kidding!

But even if that happens trust YOU me it wouldn't be something that came Easy and fast to me....It's been SOOOOO Stresful...Even living in Bosnia during 4 years long war wasn't This stressful...seriously

But we'll see how this plays out

By the time this is over i think we should all go on and become EFFin' Immigration lawyers!!We'll know this immigration law like nobodys business lol