Rejected Refugee Claimant-cannot go back to the home country-please help

[MitGup]

We landed here in 2017 and filed for refuge. None of us have been on welfare we all worked. After four years of fighting a genuine case and being rejected for lack of evidence of personal persecution now we received a removal order interview letter. My bro and I are married to our partners and we have submitted our spousal sponsorship in October of 2021. Are we also at risk of being removed? Our parents are old and senior citizens we can’t let them go back. Any help with be good.
The lawyers are saying since we got rejected from Judicial Review in March we cannot apply for PRRA or H&C before that time period..

 

[scylla]

We landed here in 2017 and filed for refuge. None of us have been on welfare we all worked. After four years of fighting a genuine case and being rejected for lack of evidence of personal persecution now we received a removal order interview letter. My bro and I are married to our partners and we have submitted our spousal sponsorship in October of 2021. Are we also at risk of being removed? Our parents are old and senior citizens we can’t let them go back. Any help with be good.
The lawyers are saying since we got rejected from Judicial Review in March we cannot apply for PRRA or H&C before that time period..

The fact you and your brother have been sponsored by your spouses is good and may help you with the removal order situation. Do you have AOR yet? It's possible it may strike CBSA as odd that both you and your brother had sponsorship applications submitted in October (I assume you were both married at around the same time?). Be prepared to explain this in case they ask you about it.

However your sponsorship doesn't help your parents in any way. Your parents are at greater risk of being removed. When exactly did you receive the JR refusal?

 

[MitGup]

The fact you and your brother have been sponsored by your spouses is good and may help you with the removal order situation. Do you have AOR yet? It's possible it may strike CBSA as odd that both you and your brother had sponsorship applications submitted in October (I assume you were both married at around the same time?). Be prepared to explain this in case they ask you about it.

However your sponsorship doesn't help your parents in any way. Your parents are at greater risk of being removed. When exactly did you receive the JR refusal?

We received our JR refusal in March 2021, I applied for my sponsorship for in October this year and my brother applied in November this year. I got married in June and my brother got married in July

 

[scylla]

We received our JR refusal in March 2021, I applied for my sponsorship for in October this year and my brother applied in November this year. I got married in June and my brother got married in July

All of you have to go to the interview. Do not skip the interview. That will create more problems than it solves.

I would bring evidence to the interview that you and your brother have been sponsored for PR through spousal sponsorship.

I don't know what to say about your parents. I guess you'll have to see if CBSA offers PRRA. However you're right, technically they do not meet the requirements to be considered for PRRA.

Wait for others here to comment. Good luck.

 

[peace123]

We landed here in 2017 and filed for refuge. None of us have been on welfare we all worked. After four years of fighting a genuine case and being rejected for lack of evidence of personal persecution now we received a removal order interview letter. My bro and I are married to our partners and we have submitted our spousal sponsorship in October of 2021. Are we also at risk of being removed? Our parents are old and senior citizens we can’t let them go back. Any help with be good.
The lawyers are saying since we got rejected from Judicial Review in March we cannot apply for PRRA or H&C before that time period..

You need to go to CBSA for the interview on time.

You could apply for PRRA or H&C in March 2022. It's just 4 months from now on.

You have a good factor because you have married with senior citizen

 

[MitGup]

All of you have to go to the interview. Do not skip the interview. That will create more problems than it solves.

I would bring evidence to the interview that you and your brother have been sponsored for PR through spousal sponsorship.

I don't know what to say about your parents. I guess you'll have to see if CBSA offers PRRA. However you're right, technically they do not meet the requirements to be considered for PRRA.

Wait for others here to comment. Good luck.

Thank you

 

[elkapelka]

I'm also a rejected refugee claimant. My husband's case was accepted, so we applied for PR in August 2020, it's still in process. I might also receive removal interview letter.
My lawyer told me that once you have an active pr application they might decide not to deport. I hope everything goes well for you and your family.

 

[Simba112]

I'm also a rejected refugee claimant. My husband's case was accepted, so we applied for PR in August 2020, it's still in process. I might also receive removal interview letter.
My lawyer told me that once you have an active pr application they might decide not to deport. I hope everything goes well

Hopeful you wont be deported

 

[canuck78]

Thank you

What country are your parents from? Being older does not guarantee that they’ll be able to remain in Canada. How old are they? You mention you have all been working.

 

[MitGup]

Hi All
An update, so we went for our interview with CBSA in December and filled out the forms to renew our passports that they gave us. Our lawyers had told us not to argue or say anything negative so we just complied with them. Ever since we had been waiting, now we passed the one year bar as well to apply for PRRA and received another interview call through mail to meet with the CBSA in May. What will this call be for would anyone know?

 

[canuck78]

Hi All
An update, so we went for our interview with CBSA in December and filled out the forms to renew our passports that they gave us. Our lawyers had told us not to argue or say anything negative so we just complied with them. Ever since we had been waiting, now we passed the one year bar as well to apply for PRRA and received another interview call through mail to meet with the CBSA in May. What will this call be for would anyone know?

Calls are not usually a good thing. What country are your parents from and how old are they? Are they still working? There are a few countries where there is a good chance of PPRA although most are approved for asylum first.

 

[MitGup]

We are all from Pak and my parents are above 60 yes they work.

 

[Bornlucky]

Hi All
An update, so we went for our interview with CBSA in December and filled out the forms to renew our passports that they gave us. Our lawyers had told us not to argue or say anything negative so we just complied with them. Ever since we had been waiting, now we passed the one year bar as well to apply for PRRA and received another interview call through mail to meet with the CBSA in May. What will this call be for would anyone know?

Hi, I would guess that the CBSA will offer PRRA if they're now eligible. Their lawyer sounds experienced as saying negative things inside of a removal interview gives the CBSA potential grounds to arrest people for being "unlikely" to appear for removal.

I noticed the expression in the title "cannot go back to home country." I wouldn't suggest that this ever be uttered to a CBSA Removals Officer.

 

[canuck78]

We are all from Pak and my parents are above 60 yes they work.

If they are only 60 and especially since they still are able to work their age will not be considered a reason why they can’t return to Pakistan. If parents are in good health, still able to care for themselves and have each other so aren’t alone parents aren’t usually viewed as unable to return to their home country. Once they qualify they can try for H&C but they can still be removed during the H&C process but H&C application will continue. It will be up to CBSA if their deportation will be put on hold. Given that they are on CBSA’s radar it is hard to say what would happen. Once you qualify you can try to sponsor them via PGP. It sounds like you have a good lawyer guiding you.

 

[canuck78]

Hi, I would guess that the CBSA will offer PRRA if they're now eligible. Their lawyer sounds experienced as saying negative things inside of a removal interview gives the CBSA potential grounds to arrest people for being "unlikely" to appear for removal.

I noticed the expression in the title "cannot go back to home country." I wouldn't suggest that this ever be uttered to a CBSA Removals Officer.

Just clarifying in case OP isn’t familiar that PPRA application may be offered but the chances of approval are quite low. This will just delay the removal process.