RAD Appeal 2021

[betterlife999]

yes I appealed my case in March 2021 and received a positive response in August 2021

 

[Osagiodwa1]

yes I appealed my case in March 2021 and received a positive response in August 2021

Province?

 

[betterlife999]

Province?

Ontario

 

[canadavisazing]

My lawyer called me today from Montreal and told me that my appeal has been denied. What are the next steps. I need a Lawyer for Federal Appeal in Toronto area. Any leads or suggestions would be highly appreciated. Thanks in advance.

 

[Osagiodwa1]

My lawyer called me today from Montreal and told me that my appeal has been denied. What are the next steps. I need a Lawyer for Federal Appeal in Toronto area. Any leads or suggestions would be highly appreciated. Thanks in advance.

Sorry about that, how long did you wait for the appeal?

 

[canadavisazing]

Sorry about that, how long did you wait for the appeal?

1 Year. Filled last November 2020 and got reply this November 2021

 

[peace123]

My lawyer called me today from Montreal and told me that my appeal has been denied. What are the next steps. I need a Lawyer for Federal Appeal in Toronto area. Any leads or suggestions would be highly appreciated. Thanks in advance.

You have options below:

1) apply for judicial review of federal court . You have 15 days to submit the application to the court when you receive your negative RAD decision.

2) Once you quit the judicial review of federal court, you need to wait for 12 months to apply for pre-removal risk assessment or humanitarian and compassionate.

In most cases, a 12-month waiting period applies if

• you abandon or withdraw your refugee claim, or the Immigration and Refugee Board (IRB) rejects it
• you abandon or withdraw another PRRA application, or we refuse it
• the Federal Court refuses your attempt to have your refugee claim or PRRA decision reviewed

If the 12-month waiting period applies, you won’t be eligible to submit a PRRA application until the waiting period is over.

 

[canadavisazing]

You have options below:

1) apply for judicial review of federal court . You have 15 days to submit the application to the court when you receive your negative RAD decision.

2) Once you quit the judicial review of federal court, you need to wait for 12 months to apply for pre-removal risk assessment or humanitarian and compassionate.

In most cases, a 12-month waiting period applies if

• you abandon or withdraw your refugee claim, or the Immigration and Refugee Board (IRB) rejects it
• you abandon or withdraw another PRRA application, or we refuse it
• the Federal Court refuses your attempt to have your refugee claim or PRRA decision reviewed

If the 12-month waiting period applies, you won’t be eligible to submit a PRRA application until the waiting period is over.

Can I apply for PRRA now. Without filling Judicial Review. This was appeal decision and refugee claim was rejected more than 12 months ago.

 

[peace123]

Can I apply for PRRA now. Without filling Judicial Review. This was appeal decision and refugee claim was rejected more than 12 months ago.

You could skip the judicial review of federal court for the PRRA or h & c

You may get an exemption to the 12 months bar for PRRA .It depend on your original country.

If your original country does not belong to the exemption countries. You can not apply for PRRA now until November 2022.

At that moment, CBSA would notice you before you apply for PRRA. Meanwhile ,CBSA would send Application for a Pre-Removal Risk Assessment (IMM 5508) form to you.

 

[peace123]

Can I apply for PRRA now. Without filling Judicial Review. This was appeal decision and refugee claim was rejected more than 12 months ago.

Generally, a person may not apply for a PRRA if less than 12 months has passed since their claim for refugee protection or previous PRRA application was rejected or determined to be withdrawn or abandoned.

This 12-month PRRA bar also applies to decisions from the RAD and from the Federal Court.

 

[Swagzzy]

Can I apply for PRRA now. Without filling Judicial Review. This was appeal decision and refugee claim was rejected more than 12 months ago.

You may be exempted from the 12 months window if you have kids under the ages of 18. You could also be exempted if you have any sickness that can not be treated in your home country.
You may read more about this on IRCC online portal. For now, you have the right to apply for JR. You could also apply for H&C if any of the exemption applies to you. I wish you the very best.

 

[Namo88]

You may be exempted from the 12 months window if you have kids under the ages of 18. You could also be exempted if you have any sickness that can not be treated in your home country.
You may read more about this on IRCC online portal. For now, you have the right to apply for JR. You could also apply for H&C if any of the exemption applies to you. I wish you the very best.

How can I get exemption based on sickness ?
How and where is application for that?

 

[Swagzzy]

How can I get exemption based on sickness ?
How and where is application for that?

There is no specific application. There is a part of the H&C form to mark ‘yes’ if you have any serious ailment that can’t be treated in your home country. Note: you can’t lie as you must support this with medical report and other evidences. You would also be required to do medicals by IRCC so it must be something that exist and can’t be treated or may not be properly treated in your home country for example Cancer, kidney or heart disease and others.

I’ll advice you read more online or ask your lawyer or post your questions to H&C forum. There are people like Ayanna, Katayoon and others that will shed more lights.

 

[Namo88]

There is no specific application. There is a part of the H&C form to mark ‘yes’ if you have any serious ailment that can’t be treated in your home country. Note: you can’t lie as you must support this with medical report and other evidences. You would also be required to do medicals by IRCC so it must be something that exist and can’t be treated or may not be properly treated in your home country for example Cancer, kidney or heart disease and others.

I’ll advice you read more online or ask your lawyer or post your questions to H&C forum. There are people like Ayanna, Katayoon and others that will shed more lights.

How long does it take to get response to exemption either grant or refused ?

 

[Swagzzy]

How long does it take to get response to exemption either grant or refused ?

It’s part of the application. If you are qualified. Just apply and wait for the usual processing time. It could vary from 6 months to two years.