Removal Order

[t3rror_]

Moved from Sponsorship:
Hi Everyone,
So in 2012 my parents filed for a refugee status on the basis of religious persecution. Last year that was rejected. We appeal for Judicial Review which was also rejected. Right around then I applied to sponsor my parents and got accepted in the 5000 for 2015. We also applied for an H&C application. That was recently rejected as well. I suppose they are under a removal order. We will be appealing the H&C result. I suppose theres PRRA which is left but I've been told there isnt much hope for that. And then maybe the CBSA will contact us. I was just wondering anyone knows what will happen after this H&C rejection?

It has been more than a year since the original refugee decision. What is the removal process usually like? At what point can we decide to leave on their own. There is a potential threat where their home is. Will there be an option to appeal the removal?

 

[Dhudson]

Please read my last post.
http://www.canadavisa.com/canada-immigration-discussion-board/i-need-help-with-my-hc-application-t348967.0.html

 

[t3rror_]

Thanks for the reply. We got a call from a CBSA officer today who left a message saying they want to talk to us about our parents. It all seems to be happening very quickly. Our counsel says maybe its to serve us prra. When we try to call the number they left us, we get a message that it isnt assigned. Which is very alarming. Any chance CBSA can request CIC to expedite their sponsorship application based on threat to their life upon deportation? We are religious minority and my parents can be arrested, prosecuted and jailed upon their landing.

 

[Lammawitch]

CBSA can't and won't request anything of the sort. Your sponsorship application has absolutely nothing to do with CBSA.

Your parents can decide to leave of their own accord at any point.

What does your lawyer say? S/he should be working very closely with you and your parents & CIC/IAD at the moment.

 

[Dhudson]

Unfortunately in 99.9% cases CBSA officer will reject any of your request for stay of removal and CBSA will try to remove your parents ASAP.

In your case CBSA - just enforce department who has command to deport your parents.
You have to be very careful with them - if CBSA will not sure that your parents will leave Canada on scheduled day - unfortunately CBSA may detain your parents.

Like Lammawitch said: You and your lawyer have work with CIC. Only CIC/IAD (PRRA) can stay/delay deportation.

Regards

 

[t3rror_]

Thanks a lot for the reply. We fully intend to comply with cbsa. Our lawyer is working on filing a judicial review of the h&c decision. Since the original claim was in Alberta, the cbsa officer left a msg that they will transfer the file to Ontario (thats where my parents are right now) . Still waiting to hear from them here. Our lawyer says its probably a call to serve them with prra. Can you elaborate on what our lawyer can do with cic/iad?

 

[Dhudson]

Thanks a lot for the reply. We fully intend to comply with cbsa. Our lawyer is working on filing a judicial review of the h&c decision. Since the original claim was in Alberta, the cbsa officer left a msg that they will transfer the file to Ontario (thats where my parents are right now) . Still waiting to hear from them here. Our lawyer says its probably a call to serve them with prra. Can you elaborate on what our lawyer can do with cic/iad?

If your parents able to apply for PRRA(pre removal risk assessment application) because there is one year bar (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.).

So if yes - its usually just temporary stop deportation for 1-3 months, but could be enough to get first stage approval of H&C .

 

[Avid Reader]

I have a removal order in force and i recently got called in by cbsa for an interview. They told me that they are removing me and on the call in notice, it said 'to be served direction to report' any idea what this could mean?

 

[PMM]

Hi

I have a removal order in force and i recently got called in by cbsa for an interview. They told me that they are removing me and on the call in notice, it said 'to be served direction to report' any idea what this could mean?

1. You will be given a time and airport/land border for removal (if you entered from the US) to report. At that time you will escorted to the plane, passport given to airline (who will return it usually when the flight is in the air).

 

[Avid Reader]

Hi



1. You will be given a time and airport/land border for removal (if you entered from the US) to report. At that time you will escorted to the plane, passport given to airline (who will return it usually when the flight is in the air).

 

[Avid Reader]

So at this point they cant give you a schedule to report there periodically, to delay removal? So 'to serve direction to report' means it already over, you are leaving?

 

[PMM]

Hi

So at this point they cant give you a schedule to report there periodically, to delay removal? So 'to serve direction to report' means it already over, you are leaving?

1/ If you are considered "removal ready" then you are going home.