Refugee Appeal Dismissed

[joelis]

Hi everyone,

I came to Canada in 2017 to become a refugee, had a hearing and got rejected in 2018. Filed an appeal and after one year of waiting, I received the notice of decision of my appeal yesterday. My appeal is dismissed, which means I have to leave Canada within 30 days with my departure order considering PRRA and H&C is not an option.

Since the border is closed and I called CBSA to confirm, all people with any removal orders can stay in Canada until the ban is lifted. But once the border opens again, I still have to leave eventually. I was told by a lawyer that I will be given back my passport upon departure, and an agent from CBSA told me I will get it back on the plane to my home country, and I must go back to a country where I have legal status - a passport/PR.

So the most important question is, although I do not have to leave now, but after the border opens up again - Can I choose to not fly back to my home country but to somewhere else? I figured since I will be leaving the Canada anyway, they should not have restrictions on where I would go next as long as I have a valid passport.

My home country is in such a terrible state right now that a large amount of people are facing political prosecution, that is the reason that I left, I did not want to go to prison for something I did not do. I have a decent passport that allows me to go to many countries without a visa. So I just need to leave to somewhere else but not my home country, after then I can still come back. But if I go home then I will most certainly get caught up with charges and sentences so that I will have a criminal record and won't be able to go to anywhere for quite some time(at least 5 years). But so far none of the government department can be confirm my question above.

The other thing is, I got married recently. This appeal decision is an unexpected turn since we still need some time to prepare for the materials for the Spousal Sponsorship and even though we can have this done in a month. I still need to wait almost 8-12 months for the application depends on Inland/Outland, if we go with Inland - I am uncertain when will I be leaving and if I do have to leave in the middle of the process I will have to start all over again; if we go with Outland - there is a chance that there will be an interview conducting in my home country which I probably will not be able to attend to.

I can't seem to find all the answers from different lawyers/government departments, can someone please shed some light on this situation? Or just anything related to this topic will be appreciated.

Thank you.

 

[canuck_in_uk]

Hi everyone,

I came to Canada in 2017 to become a refugee, had a hearing and got rejected in 2018. Filed an appeal and after one year of waiting, I received the notice of decision of my appeal yesterday. My appeal is dismissed, which means I have to leave Canada within 30 days with my departure order considering PRRA and H&C is not an option.

Since the border is closed and I called CBSA to confirm, all people with any removal orders can stay in Canada until the ban is lifted. But once the border opens again, I still have to leave eventually. I was told by a lawyer that I will be given back my passport upon departure, and an agent from CBSA told me I will get it back on the plane to my home country, and I must go back to a country where I have legal status - a passport/PR.

So the most important question is, although I do not have to leave now, but after the border opens up again - Can I choose to not fly back to my home country but to somewhere else? I figured since I will be leaving the Canada anyway, they should not have restrictions on where I would go next as long as I have a valid passport.

My home country is in such a terrible state right now that a large amount of people are facing political prosecution, that is the reason that I left, I did not want to go to prison for something I did not do. I have a decent passport that allows me to go to many countries without a visa. So I just need to leave to somewhere else but not my home country, after then I can still come back. But if I go home then I will most certainly get caught up with charges and sentences so that I will have a criminal record and won't be able to go to anywhere for quite some time(at least 5 years). But so far none of the government department can be confirm my question above.

The other thing is, I got married recently. This appeal decision is an unexpected turn since we still need some time to prepare for the materials for the Spousal Sponsorship and even though we can have this done in a month. I still need to wait almost 8-12 months for the application depends on Inland/Outland, if we go with Inland - I am uncertain when will I be leaving and if I do have to leave in the middle of the process I will have to start all over again; if we go with Outland - there is a chance that there will be an interview conducting in my home country which I probably will not be able to attend to.

I can't seem to find all the answers from different lawyers/government departments, can someone please shed some light on this situation? Or just anything related to this topic will be appreciated.

Thank you.

You don't get to choose because if you are deported you to a country that doesn't have a legal obligation to accept you, you can be refused entry and just end up returned to Canada. You will be returned to a country that is guaranteed to accept you, which means your country of nationality or a country where you have permanent residency.

Apply outland.

 

[joelis]

this is where it confuses me the most, according to CBSA classification I am having a Departure Order not a Deportation Order, so why do I still have to be deported?

 

[canuck_in_uk]

this is where it confuses me the most, according to CBSA classification I am having a Departure Order not a Deportation Order, so why do I still have to be deported?

Sorry, I missed the Departure part and thought it was a Deportation. If you are leaving within the 30 days, I believe you have to report to CBSA where you want to go and get it approved.

 

[canuck78]

If you leave on your own you have much more choice on where you go if you can get a visa for that country. If you get deported CBSA makes the choices.

 

[soheilhs]

Hi everyone,

I came to Canada in 2017 to become a refugee, had a hearing and got rejected in 2018. Filed an appeal and after one year of waiting, I received the notice of decision of my appeal yesterday. My appeal is dismissed, which means I have to leave Canada within 30 days with my departure order considering PRRA and H&C is not an option.

Since the border is closed and I called CBSA to confirm, all people with any removal orders can stay in Canada until the ban is lifted. But once the border opens again, I still have to leave eventually. I was told by a lawyer that I will be given back my passport upon departure, and an agent from CBSA told me I will get it back on the plane to my home country, and I must go back to a country where I have legal status - a passport/PR.

So the most important question is, although I do not have to leave now, but after the border opens up again - Can I choose to not fly back to my home country but to somewhere else? I figured since I will be leaving the Canada anyway, they should not have restrictions on where I would go next as long as I have a valid passport.


Thank you.

Hello,

First of all your removal order may be held if you seek Judicial review. If you are not going to challenge the decision at the RAD, as you are going to apply for sponsorship, then the removal will be enforced.

Second, a departure order on its own is fine and you may select where to go as long as you comply with the removal and: 1- you are no danger to the public, 2- you are not wanted for justice in Canada or any other country, ( let say you are wanted by Interpol because of murder, then it's not your choice anymore)

Usually when you do not comply, then the CBSA decide where to send you back which in that case, it could be the country of your nationality, the country in which you came to Canada from, the country of your last permanent residency or the country that you were born in.


Let say you are a citizen of Singapore and you may travel visa-free to EU. then you should not have any problems going there.

 

[joelis]

Thanks everyone.

Weary but relived, if that's the case I will just fly to a visa-free country and stay there for a short while, then come back to Canada - my eTA is not expired until 2022 (assuming they won't challenge/reject my entry due to my previous refugee claim), then continue to wait for my Spousal Sponsorship application.

The question is how am I going to get my passport back? Contacted CBSA and the agent was uncertain, whereas CIC's web form is not working but I will keep trying.

Since my refugee appeal is dismissed and my case is considered closed which I am no longer a refugee in Canada but a citizen of my home country, I should be able to get back my passport despite the fact that the border is closed and all removal orders are on hold, I presume?

 

[scylla]

Thanks everyone.

Weary but relived, if that's the case I will just fly to a visa-free country and stay there for a short while, then come back to Canada - my eTA is not expired until 2022 (assuming they won't challenge/reject my entry due to my previous refugee claim), then continue to wait for my Spousal Sponsorship application.

The question is how am I going to get my passport back? Contacted CBSA and the agent was uncertain, whereas CIC's web form is not working but I will keep trying.

Since my refugee appeal is dismissed and my case is considered closed which I am no longer a refugee in Canada but a citizen of my home country, I should be able to get back my passport despite the fact that the border is closed and all removal orders are on hold, I presume?

eTAs / TRVs are generally canceled once someone files a refugee claim. You'll want to make sure the eTA is still valid before attempting to travel back to Canada.

Your passport will be handed back to you as you are leaving the country (i.e. when you board the flight to leave).

 

[canuck_in_uk]

Thanks everyone.

Weary but relived, if that's the case I will just fly to a visa-free country and stay there for a short while, then come back to Canada - my eTA is not expired until 2022 (assuming they won't challenge/reject my entry due to my previous refugee claim), then continue to wait for my Spousal Sponsorship application.

The question is how am I going to get my passport back? Contacted CBSA and the agent was uncertain, whereas CIC's web form is not working but I will keep trying.

Since my refugee appeal is dismissed and my case is considered closed which I am no longer a refugee in Canada but a citizen of my home country, I should be able to get back my passport despite the fact that the border is closed and all removal orders are on hold, I presume?

Regardless of whether your eTA is stil valid or not, you will likely be refused entry into Canada as a visitor.

 

[canuck78]

Yes you can arrange to pick up your passport at the airport. You’ve got to track down the person that arranges this. Perhaps someone has the contact information if you post what city you are in.

 

[joelis]

Bad news. Contacted CBSA the third time to confirm whether I could fly to a visa-free country with my passport and the answer is again NO. They keep repeating they have to 'send' me back and the country needs to 'receive' me, I reiterated that I am holding a Departure Order not a Deportation Order, and I can go to a place of my choice since I am no longer a refugee, but they say there are so many restrictions and it's not that simple, you still have to go back where you came from or where I have PR status and my passport will be given back to me on the plane/when landed - basically means deportation. And even though the border is closed but my Departure Order won't be on hold, in about 50 days it will become a Deportation Order. Now I am considering Judicial review in order to buy some time for the Spousal application.

 

[kelepirci]

@joelis you also have option to ask CBSA to hold the deportation order because of ongoing spousal application. It is not 100% guaranteed but you have a chance.

Find a good lawyer and ask for help.

 

[canuck78]

Bad news. Contacted CBSA the third time to confirm whether I could fly to a visa-free country with my passport and the answer is again NO. They keep repeating they have to 'send' me back and the country needs to 'receive' me, I reiterated that I am holding a Departure Order not a Deportation Order, and I can go to a place of my choice since I am no longer a refugee, but they say there are so many restrictions and it's not that simple, you still have to go back where you came from or where I have PR status and my passport will be given back to me on the plane/when landed - basically means deportation. And even though the border is closed but my Departure Order won't be on hold, in about 50 days it will become a Deportation Order. Now I am considering Judicial review in order to buy some time for the Spousal application.

There is a high chance that countries could refusal you when you land that is why they want you to return to your home country.

 

[SURVIVAL]

Bad news. Contacted CBSA the third time to confirm whether I could fly to a visa-free country with my passport and the answer is again NO. They keep repeating they have to 'send' me back and the country needs to 'receive' me, I reiterated that I am holding a Departure Order not a Deportation Order, and I can go to a place of my choice since I am no longer a refugee, but they say there are so many restrictions and it's not that simple, you still have to go back where you came from or where I have PR status and my passport will be given back to me on the plane/when landed - basically means deportation. And even though the border is closed but my Departure Order won't be on hold, in about 50 days it will become a Deportation Order. Now I am considering Judicial review in order to buy some time for the Spousal application.

I knew a guy, who had gone thru this. He received the Departure order and contacted CBSA, was asked to meet officer in person. Where his all ID's including bank credit cards were taken and seized. He was told to arrange airline ticket and inform the officer, the officer met him at the airport and made sure boarding and everything was done, then hand over him the passport. He traveled back to his own country.

So, Once you dont comply and leave with due process within the time frame given. The Deportation order comes into effect which is arrest warrant. You will be traced down and arrested and sent back with having a travel ban imposed on your record.

I suggest follow the procedures and leave.

 

[Copingwithlife]

Ok, when I worked at the airport, numerous times immigration would come up with a passenger who was refused entry . Some with visa exempt passports, and 100% of the time it was ALWAYS back to their home country, ALWAYS. If someone from the USA came , let’s say Los Angeles, and were refused entry into Canada, (Toronto), I’d never send them back to another country . I’d send them back to the nearest port of entry of the passport they hold .Typically Chicago, even though they arrived from Los Angeles. My job was to get them out of the country, to a country that GUARANTEES they would NOT be sent back. If the passenger came from the USA but held a UK passport, they’d be shipped back to the UK .The passenger did not get to pick & choose where they’d be sent . They weren’t picking a cruise ship to go on, they were being refused entry . Aka, not welcome .Immigration told me, I’d do the ticket , get the back up paperwork, and bon voyage