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RAD, Appeal timeline

S

soon2bcanadian8

Full Member
May 22, 2019
22
1
Lovely-Canada said:
Wish you best of luck.
Do let us know your outcome
Click to expand...
We went to the meeting today to show cbsa some of our suggestions on the itinerary , she gave me until Friday next week to book the flight, after i have booked a flight, that's when she will look at the deferral my lawyer would like to present. Today my lawyer argued about the interpretation of the bar for PRRA . She explained that it says

'If you made a refugee claim or you previously applied for a PRRA and your application was rejected, abandoned or withdrawn, you may not apply for a PRRA unless at least 12 months have passed."

to which she said this would be interpreted as negative decision after the claim from IRB and not the RAd decision making me eligible for PRRA as my claim was denied two years ago. The officer however said NO ; it means after the final decision not the initial claim so i would be eligible on 4th march 2020 , my lawyer added, there is a litigation for that PRRA bar for Claimants in federal court going on right now, so the officer said, she hasn't heard anything about it and she will look into it ,however if indeed this is the case and the judge rules in favor of the claim , she will proceed with PRRA she has no problem , the law is the law . However because the removal is still on the table ,My lawyer also argued there are cases were a claimant can be exempted from that bar if there is a risk should they be returned to their country, if they refuse that we will go to federal court for a stay. i'm hoping they approve me for PRRA , we have evidence to present but as we know the exemption is entirely based on the immigration officer . Also going to court is costly . The fees keep piling up .
 
L

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
LANDED..........
I shall testify
soon2bcanadian8 said:
We went to the meeting today to show cbsa some of our suggestions on the itinerary , she gave me until Friday next week to book the flight, after i have booked a flight, that's when she will look at the deferral my lawyer would like to present. Today my lawyer argued about the interpretation of the bar for PRRA . She explained that it says

'If you made a refugee claim or you previously applied for a PRRA and your application was rejected, abandoned or withdrawn, you may not apply for a PRRA unless at least 12 months have passed."

to which she said this would be interpreted as negative decision after the claim from IRB and not the RAd decision making me eligible for PRRA as my claim was denied two years ago. The officer however said NO ; it means after the final decision not the initial claim so i would be eligible on 4th march 2020 , my lawyer added, there is a litigation for that PRRA bar for Claimants in federal court going on right now, so the officer said, she hasn't heard anything about it and she will look into it ,however if indeed this is the case and the judge rules in favor of the claim , she will proceed with PRRA she has no problem , the law is the law . However because the removal is still on the table ,My lawyer also argued there are cases were a claimant can be exempted from that bar if there is a risk should they be returned to their country, if they refuse that we will go to federal court for a stay. i'm hoping they approve me for PRRA , we have evidence to present but as we know the exemption is entirely based on the immigration officer . Also going to court is costly . The fees keep piling up .
Click to expand...
I am hoping the deferral is approved just they can wait for you h&c application.
If CBSA refuse the deferral please file in federal.
I know it's taking a lit from you financially, posituve outcome will make it all worth it. Goodluck buddy.
 
C

chris2010

Full Member
May 16, 2019
33
3
Hello everyone
Any idea how much time RAD is taking these days for the RAD appeals?because I applied last year July/2018 and no response,can i applied for H&C bcz is one year bar now? Please Help.
 
S

soon2bcanadian8

Full Member
May 22, 2019
22
1
chris2010 said:
Hello everyone
Any idea how much time RAD is taking these days for the RAD appeals?because I applied last year July/2018 and no response,can i applied for H&C bcz is one year bar now? Please Help.
Click to expand...
Hello Chris
i appealed to RAD in may 2017 and the negative decision came in march 4th 2019. When i thought i was eligible to apply for H&C (one year bar had lifted) may 2018 , they returned my H&C application saying i wasn't eligible to apply for H&C until RAD had made their decision, so we had to wait, my application sat on my lawyers desk for the entirety of 2018 to march 4th 2019 when the RAD decision came, we then resent H&C and they sent us acknowledgement of receipt 30 days later . My advise to you is, as there is a clear misunderstanding of when that bar starts or when it goes into effect, being 1 year after refugee decision made or is it after the final decision being RAD? APPLY.... send in your application . chances are, like my own: they will return it to you saying to wait or they might take the application , who knows? send it in, the most you will lose is the postage fee should they return it but if they dont at least you will have your application in the system somewhere
 
C

chris2010

Full Member
May 16, 2019
33
3
soon2bcanadian8 said:
Hello Chris
i appealed to RAD in may 2017 and the negative decision came in march 4th 2019. When i thought i was eligible to apply for H&C (one year bar had lifted) may 2018 , they returned my H&C application saying i wasn't eligible to apply for H&C until RAD had made their decision, so we had to wait, my application sat on my lawyers desk for the entirety of 2018 to march 4th 2019 when the RAD decision came, we then resent H&C and they sent us acknowledgement of receipt 30 days later . My advise to you is, as there is a clear misunderstanding of when that bar starts or when it goes into effect, being 1 year after refugee decision made or is it after the final decision being RAD? APPLY.... send in your application . chances are, like my own: they will return it to you saying to wait or they might take the application , who knows? send it in, the most you will lose is the postage fee should they return it but if they dont at least you will have your application in the system somewhere
Click to expand...
Thank you for your response
my understanding is when 1 year after refugee decision made,i received negative response on July 05 2018 and i submitted my application for appeal on July 25,2019.that's why i want to apply for H&C.
 
S

soon2bcanadian8

Full Member
May 22, 2019
22
1
chris2010 said:
Thank you for your response
my understanding is when 1 year after refugee decision made,i received negative response on July 05 2018 and i submitted my application for appeal on July 25,2019.that's why i want to apply for H&C.
Click to expand...
so your appeal to RAD was in July 2018 or July 2019? this is my timeline of events , maybe this will help

Refugee court hearing ------------------------------------3rd may 2017
negative decision -------------------------------------------5th June 2017
Notice to appeal --------------------------------------------15th June 2017
RAD Appeal submission-----------------------------------30th June 2017
H&C application submission - ---------------------------12th November 2018
H&C application returned (Not eligible ) ---------------15th November 2018
Negative Decision RAD ------------------------------------March 2019
Re-submission H&C Application -------------------------March 2019
Acknowledgement of Receipt for H&C sent to me----April 30 2019
Received Acknowledgment of Receipt received-------May 2019
and then the removal letter from CBSA came in June 2019

My first H&C application was returned because i still had my RAD Appeal active , i could not have two applications , either one had to be withdrawn . Since my appeal was already in the system, naturally we waited, while we put the H&C away after all they weren't accepting it ,we waited until 2019 when my lawyer decided it was high time we called to find out what was going on with my application with RAD , it had been almost two years since i had appealed , a month later , i received the negative decision.
like i stated above there is a clear misunderstanding of when that bar starts . they say one year after a refugee claim is denied, the thing though is that you will not be within Canada for that one year to elapse , CBSA will try to remove you if you dont appeal ... so the logical thing to do is obviously appeal to RAD . when your appeal is in the system and the one year has elapsed , this would be the right time to apply for H&C but they still will not accept your H&C application when you have an active Appeal , they will want you to withdraw . If you withdraw your appeal and decide H&C application should be the way to go , CBSA will come for you as you will not have status ..... this is a whole cat and mouse chase ...

This is my correct timeline
 
Last edited:
C

chris2010

Full Member
May 16, 2019
33
3
soon2bcanadian8 said:
so your appeal to RAD was in July 2018 or July 2019? this is my timeline of events , maybe this will help

Refugee court hearing ------------------------------------3rd may 2017
negative decision -------------------------------------------5th June 2017
Notice to appeal --------------------------------------------15th June 2017
RAD Appeal submission-----------------------------------30th June 2017
H&C application submission - ---------------------------12th November 2018
H&C application returned (Not eligible ) ---------------15th November 2018
Negative Decision RAD ------------------------------------March 2019
Re-submission H&C Application -------------------------March 2019
Acknowledgement of Receipt for H&C sent to me----April 30 2019
Received Acknowledgment of Receipt received-------May 2019
and then the removal letter from CBSA came in June 2019

My first H&C application was returned because i still had my RAD Appeal active , i could not have two applications , either one had to be withdrawn . Since my appeal was already in the system, naturally we waited, while we put the H&C away after all they weren't accepting it ,we waited until 2019 when my lawyer decided it was high time we called to find out what was going on with my application with RAD , it had been almost two years since i had appealed , a month later , i received the negative decision.
like i stated above there is a clear misunderstanding of when that bar starts . they say one year after a refugee claim is denied, the thing though is that you will not be within Canada for that one year to elapse , CBSA will try to remove you if you dont appeal ... so the logical thing to do is obviously appeal to RAD . when your appeal is in the system and the one year has elapsed , this would be the right time to apply for H&C but they still will not accept your H&C application when you have an active Appeal , they will want you to withdraw . If you withdraw your appeal and decide H&C application should be the way to go , CBSA will come for you as you will not have status ..... this is a whole cat and mouse chase ...

This is my correct timeline
Click to expand...
Thanks for your advised and sorry for your decision for H&C
this is my timeline of events ,
Refugee court hearing ------------------------------------4th June 2018
negative decision -------------------------------------------5th July 2018
Notice to appeal --------------------------------------------20th July 2018
RAD Appeal submission-----------------------------------25th August 2018,
if no response from RAD decision,next month August,i,m going to submit H&C application,can you provided me with some info how to prepare application for H&C because i don't have money for a lawyer,
waiting for your response
 
S

soon2bcanadian8

Full Member
May 22, 2019
22
1
chris2010 said:
Thanks for your advised and sorry for your decision for H&C
this is my timeline of events ,
Refugee court hearing ------------------------------------4th June 2018
negative decision -------------------------------------------5th July 2018
Notice to appeal --------------------------------------------20th July 2018
RAD Appeal submission-----------------------------------25th August 2018,
if no response from RAD decision,next month August,i,m going to submit H&C application,can you provided me with some info how to prepare application for H&C because i don't have money for a lawyer,
waiting for your response
Click to expand...
You most likely will receive that decision in 2020.
I was eligible for H&C as it had already been one year and some months since the refugee decision but they sent it back anyway saying to wait for RAd. But this should not stop you from submitting , perhaps someone made a mistake with my application and returned it because they did not understand the One year bar and when one is supposed to submit H&C, i have worked in customer service for too long and i know how often the new hires make drastic mistakes ....

I used a lawyer : i'm still using one, i am basically enslaved with never ending payments, i have officially hit the $10k mark and still going . I definitely understand when you say you dont have money to pay for one. But for this i'm afraid you will require one as our case is not as simple as others. We do not have the luxury to make mistakes, the first attempt MUST be ''perfect'' . Do you come from a country where they do not return people ? for example you cannot be deported ? if not then please use legal assistance . Failed Refugee claimants are only protected by Appeals , Judicial reviews ,PRRA,Deferrals and all these Time buying applications cost money, they keep you within Canada as you wait for H&C first Approval. Remember that when your Refugee claimant document expires , you no longer have status in Canada and they can remove you at any time. When your RAD decision comes, if its negative you will receive a call from CBSA requesting you leave Canada . They will ask you to leave voluntarily that means paying for your ticket and providing them with an itinerary on when you intend to leave Canada or they will purchase that ticket for you and you are most likely to leave within their time frame which is usually two weeks from the time of ticket purchase, Unless of course you have provided notice for judicial Review.

My H&C is based on Best interest of child and establishment within Canada . I have been working from 2017 to present, my work permit is renewed every 6 months, when i applied for H&C , those were my reasons for application,my lawyer also included new evidence to my H&C that we weren't able to add to RAD appeal .... as this incident happened in march 2019 after RAd decision had been made .

https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-introduces-new-measures-for-vulnerable-individuals.html

'' Starting July 26, 2019, newcomers experiencing family violence will be able to apply for a fee exempt temporary resident permit that will give them legal immigration status in Canada and includes a work permit and health care coverage.

In addition, we are expediting the process for those in urgent situations of family violence who apply for permanent residence on humanitarian and compassionate grounds.''

I started working on my H&C application requirements as soon as my Appeal to RAD had been sent. Slowly by slowly i collected information my lawyer felt we should attach to my application .

RCMP police check------------------------------------------------------------ $58
Police Certificate from Home country(By Use of Embassy) ---------$498
Passport Photos-----------------------------------------------------------------$25
Right of permanent residency and processing fee ---------------------$1040
Lawyer Fees ----------------------------------------------------------------------Not less than $2500
Child birth Certificate
Evidence to show child is fully dependant on me
Recommendation Letter from Employer
Recommendation Letters from friends and work colleagues, Organizations i volunteer for
Recommendation Letter from Landlord ( Good 3year tenancy ) just to show i was paying for my own accommodation and not depending on the government
Wire transfers of funds back home ( my elderly parents fully depend on me )
Tax forms ( Evidence i have filed for my taxes )
Bill receipts , Phone bill, House rent just to indicate i was fully supporting myself and a lot more information that my lawyer felt was necessary to indicate establishment within Canada.

I hope this provides the information you require . do not hesitate to ask me about anything you feel i might have left out.
 
C

chris2010

Full Member
May 16, 2019
33
3
soon2bcanadian8 said:
You most likely will receive that decision in 2020.
I was eligible for H&C as it had already been one year and some months since the refugee decision but they sent it back anyway saying to wait for RAd. But this should not stop you from submitting , perhaps someone made a mistake with my application and returned it because they did not understand the One year bar and when one is supposed to submit H&C, i have worked in customer service for too long and i know how often the new hires make drastic mistakes ....

I used a lawyer : i'm still using one, i am basically enslaved with never ending payments, i have officially hit the $10k mark and still going . I definitely understand when you say you dont have money to pay for one. But for this i'm afraid you will require one as our case is not as simple as others. We do not have the luxury to make mistakes, the first attempt MUST be ''perfect'' . Do you come from a country where they do not return people ? for example you cannot be deported ? if not then please use legal assistance . Failed Refugee claimants are only protected by Appeals , Judicial reviews ,PRRA,Deferrals and all these Time buying applications cost money, they keep you within Canada as you wait for H&C first Approval. Remember that when your Refugee claimant document expires , you no longer have status in Canada and they can remove you at any time. When your RAD decision comes, if its negative you will receive a call from CBSA requesting you leave Canada . They will ask you to leave voluntarily that means paying for your ticket and providing them with an itinerary on when you intend to leave Canada or they will purchase that ticket for you and you are most likely to leave within their time frame which is usually two weeks from the time of ticket purchase, Unless of course you have provided notice for judicial Review.

My H&C is based on Best interest of child and establishment within Canada . I have been working from 2017 to present, my work permit is renewed every 6 months, when i applied for H&C , those were my reasons for application,my lawyer also included new evidence to my H&C that we weren't able to add to RAD appeal .... as this incident happened in march 2019 after RAd decision had been made .

https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-introduces-new-measures-for-vulnerable-individuals.html

'' Starting July 26, 2019, newcomers experiencing family violence will be able to apply for a fee exempt temporary resident permit that will give them legal immigration status in Canada and includes a work permit and health care coverage.

In addition, we are expediting the process for those in urgent situations of family violence who apply for permanent residence on humanitarian and compassionate grounds.''

I started working on my H&C application requirements as soon as my Appeal to RAD had been sent. Slowly by slowly i collected information my lawyer felt we should attach to my application .

RCMP police check------------------------------------------------------------ $58
Police Certificate from Home country(By Use of Embassy) ---------$498
Passport Photos-----------------------------------------------------------------$25
Right of permanent residency and processing fee ---------------------$1040
Lawyer Fees ----------------------------------------------------------------------Not less than $2500
Child birth Certificate
Evidence to show child is fully dependant on me
Recommendation Letter from Employer
Recommendation Letters from friends and work colleagues, Organizations i volunteer for
Recommendation Letter from Landlord ( Good 3year tenancy ) just to show i was paying for my own accommodation and not depending on the government
Wire transfers of funds back home ( my elderly parents fully depend on me )
Tax forms ( Evidence i have filed for my taxes )
Bill receipts , Phone bill, House rent just to indicate i was fully supporting myself and a lot more information that my lawyer felt was necessary to indicate establishment within Canada.

I hope this provides the information you require . do not hesitate to ask me about anything you feel i might have left out.
Click to expand...
Thank you for your response
can we talked inbox please my email is :safariphilippe@yahoo.com
waiting for your response
 
C

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
soon2bcanadian8 said:
You most likely will receive that decision in 2020.
I was eligible for H&C as it had already been one year and some months since the refugee decision but they sent it back anyway saying to wait for RAd. But this should not stop you from submitting , perhaps someone made a mistake with my application and returned it because they did not understand the One year bar and when one is supposed to submit H&C, i have worked in customer service for too long and i know how often the new hires make drastic mistakes ....

I used a lawyer : i'm still using one, i am basically enslaved with never ending payments, i have officially hit the $10k mark and still going . I definitely understand when you say you dont have money to pay for one. But for this i'm afraid you will require one as our case is not as simple as others. We do not have the luxury to make mistakes, the first attempt MUST be ''perfect'' . Do you come from a country where they do not return people ? for example you cannot be deported ? if not then please use legal assistance . Failed Refugee claimants are only protected by Appeals , Judicial reviews ,PRRA,Deferrals and all these Time buying applications cost money, they keep you within Canada as you wait for H&C first Approval. Remember that when your Refugee claimant document expires , you no longer have status in Canada and they can remove you at any time. When your RAD decision comes, if its negative you will receive a call from CBSA requesting you leave Canada . They will ask you to leave voluntarily that means paying for your ticket and providing them with an itinerary on when you intend to leave Canada or they will purchase that ticket for you and you are most likely to leave within their time frame which is usually two weeks from the time of ticket purchase, Unless of course you have provided notice for judicial Review.

My H&C is based on Best interest of child and establishment within Canada . I have been working from 2017 to present, my work permit is renewed every 6 months, when i applied for H&C , those were my reasons for application,my lawyer also included new evidence to my H&C that we weren't able to add to RAD appeal .... as this incident happened in march 2019 after RAd decision had been made .

https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-introduces-new-measures-for-vulnerable-individuals.html

'' Starting July 26, 2019, newcomers experiencing family violence will be able to apply for a fee exempt temporary resident permit that will give them legal immigration status in Canada and includes a work permit and health care coverage.

In addition, we are expediting the process for those in urgent situations of family violence who apply for permanent residence on humanitarian and compassionate grounds.''

I started working on my H&C application requirements as soon as my Appeal to RAD had been sent. Slowly by slowly i collected information my lawyer felt we should attach to my application .

RCMP police check------------------------------------------------------------ $58
Police Certificate from Home country(By Use of Embassy) ---------$498
Passport Photos-----------------------------------------------------------------$25
Right of permanent residency and processing fee ---------------------$1040
Lawyer Fees ----------------------------------------------------------------------Not less than $2500
Child birth Certificate
Evidence to show child is fully dependant on me
Recommendation Letter from Employer
Recommendation Letters from friends and work colleagues, Organizations i volunteer for
Recommendation Letter from Landlord ( Good 3year tenancy ) just to show i was paying for my own accommodation and not depending on the government
Wire transfers of funds back home ( my elderly parents fully depend on me )
Tax forms ( Evidence i have filed for my taxes )
Bill receipts , Phone bill, House rent just to indicate i was fully supporting myself and a lot more information that my lawyer felt was necessary to indicate establishment within Canada.

I hope this provides the information you require . do not hesitate to ask me about anything you feel i might have left out.
Click to expand...
Curious what your country of origin you are from or general area if you are not comfortable indicating the exact country?
 
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