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refugee status denied, responsibility of Canadian govt?

L

liliputian

Member
Dec 10, 2010
12
0
My friend has had his/her hearing and is awaiting final judgment on his refugee claim. He/she comes from Syria. In the hearing, his/her lawyer pointed out that it is a punishable crime in Syria to claim refugee status from Syria in another country (punishable by 2 years in jail). Knowing this, if the judgment is denied, would my friend have grounds of appealing to Federal Court? If so, what are his/her chances of winning?
Does the Canadian gov't. really send refugee claimants back to countries with this law clearly stated (through How can Canada send someone back to a country where torture; imprisonment and possibly death are imminent? Where can I find statistics of refugees refused asylum in Canada? What can this person do if the Canadian govt. insists on deporting him/her back to Syria....? I know, I know, Humanitarian/Compassionate Grounds application are possible....but what if that is refused?
 
P

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

liliputian said:
My friend has had his/her hearing and is awaiting final judgment on his refugee claim. He/she comes from Syria. In the hearing, his/her lawyer pointed out that it is a punishable crime in Syria to claim refugee status from Syria in another country (punishable by 2 years in jail). Knowing this, if the judgment is denied, would my friend have grounds of appealing to Federal Court? If so, what are his/her chances of winning?
Does the Canadian gov't. really send refugee claimants back to countries with this law clearly stated (through How can Canada send someone back to a country where torture; imprisonment and possibly death are imminent? Where can I find statistics of refugees refused asylum in Canada? What can this person do if the Canadian govt. insists on deporting him/her back to Syria....? I know, I know, Humanitarian/Compassionate Grounds application are possible....but what if that is refused?
Click to expand...
1. He can apply for leave to appeal to the Federal Court. Chances? Unless there was an error in law or the decision was unreasonable, NIL.
2. He can apply for H.& C. although he can be removed during the process. He can apply for PRRA. By the way that is why he has a lawyer.
3. There doesn't seem to be any published statistics on success rates by country.
4. If he is found not to be a refugee under either A 96/97 he is removed from Canada. Syria is not under a Temporary Suspension of Removals.
 
N

NBaker

Hero Member
Oct 23, 2011
293
7
Currently the countries under a TSR, which means temporary suspension for generalized risk, are Afghanistan (1994), the Democratic Republic of Congo (1997), Haiti (2004), Iraq (2003) and Zimbabwe (2002) - dates in brackets refer to when the stay was imposed. There are exceptions to the stay of removal imposed under the regulations to the Immigration and Refugee Protection Act (IRPA) so depending on an individual's case, removal could still proceed; additionally the TSR can be lifted at any time. Other countries may be added from time to time depending on conditions in the country: i.e. Sri Lanka briefly following the tsunami, Pakistan following flooding.
 
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