refugee claim refused

[HKG]

A person applied for refugee status in Montreal.His has received a refusal. He now wants to do a humanitarian and compassionate application. He has also applied for extension of work permit.
What are the chances that he would get an extension on his work permit now that that his refugee claim has been refused? He wants to continue working in Canada.

 

[PMM]

Hi

A person applied for refugee status in Montreal.His has received a refusal. He now wants to do a humanitarian and compassionate application. He has also applied for extension of work permit.
What are the chances that he would get an extension on his work permit now that that his refugee claim has been refused? He wants to continue working in Canada.

1. Nil chances his work permit will be extended. CBSA will now take steps to setup his removal.

 

[HKG]

If he does a H and C application while in Canada, will the CBSA come after him?

 

[scylla]

If he does a H and C application while in Canada, will the CBSA come after him?

He doesn't qualify to apply for H&C for 12 months after the failed refugee claim.

 

[HKG]

But people do apply for H and C after refugee claims have failed. There is no eligibility criteria for H and C.

 

[scylla]

But people do apply for H and C after refugee claims have failed. There is no eligibility criteria for H and C.

Why do you think there's no eligibility criteria for H&C? Of course there's eligibility criteria. Have you read through the information on the CIC web site?

Failed refugee claimants used to be able to apply for H&C immediately after a refugee refusal. These rules were recently changed and this is no longer possible. Individuals with refused refugee claims are now ineligible to apply under H&C for one full year (12 months) after their refusal: http://www.cic.gc.ca/english/resources/tools/perm/hc/intake.asp

 

[MASHAL KHAN]

He doesn't qualify to apply for H&C for 12 months after the failed refugee claim.

this is mashal khan.got study visa in 2008 for australia.by some how i didnt study there and applied for a refugee visa which was rejected n i left australia volunteerly in 2010. now i want to apply for canada for phd degree.wt shd i do.hv ur say plz.

 

[scylla]

this is mashal khan.got study visa in 2008 for australia.by some how i didnt study there and applied for a refugee visa which was rejected n i left australia volunteerly in 2010. now i want to apply for canada for phd degree.wt shd i do.hv ur say plz.

Due to your past immigration history (failed refugee claim in Australia), you will have to provide very strong evidence of ties to your home country if you want to be approved for a study permit to Canada. You will need to declare the refused Australia refugee claim in your study permit application. If you do not, Canada will make a finding of misrepresentation and ban you from Canada for 5 years.

 

[Dhudson]

But people do apply for H and C after refugee claims have failed. There is no eligibility criteria for H and C.

Person can NOT apply for H&C imminently after refugee case refused except "Note: This is known as the “12-month bar” There are exceptions to the 12-month bar. You may be excepted if:
you provide sufficient credible and objective evidence that there are children under 18 years of age who would be directly and adversely affected if you were removed from Canada; or
you provide sufficient credible and objective evidence that you or a failed refugee claimant included in your application, if returned to home country, would be subject to a risk to life caused by the inability of your country(ies) of nationality, or former habitual residence if you don’t have a nationality, to provide adequate health or medical care."

If he/she qualify for H&C - its doesn't stop CBSA, CBSA will keep removal process!

Regards,
DHudson.

 

[Amisandhu52]

Yes
Even if someone is rufesed as refugee and he already applied for extention for his work permit he will still get it for another one year
I'm saying because the same thing was happened with one of my friend
So you can appeal for federal now if it will reject then you can for PRA
SO I think it's ok for now to get work permit as soon as you are in country and not wanted
Good luck

 

[Dhudson]

Yes
Even if someone is rufesed as refugee and he already applied for extention for his work permit he will still get it for another one year
I'm saying because the same thing was happened with one of my friend
So you can appeal for federal now if it will reject then you can for PRA
SO I think it's ok for now to get work permit as soon as you are in country and not wanted
Good luck

Even he received the new work permit - its not allow him to stay of removable and CBSA will still keep processing removal.

Regards,
DHudson.