Third Country Safe Agreement w/Family member inside Canada

[canadian90]

Hi Folks,

I have a very dear friend of mind, he is in Canada whose claim has been unfortunately rejected, but he filed an appeal that is still under process. He is waiting for his appeal to be looked at by IRB, until they decide to give him a hearing for the appeal. My friend is now working based on his current valid open work permit

In the meantime, his parents have a U.S tourist visa, and they want to claim refugee as well because they have risks in their country of origin, and he is wondering if his parents can come to the U.S and claim refugee at the point of entry under the current circumstances. Please note that the country of origin is Iraq.

Thank you,

 

[Rob_TO]

Hi Folks,

I have a very dear friend of mind, he is in Canada whose claim has been unfortunately rejected, but he filed an appeal that is still under process. He is waiting for his appeal to be looked at by IRB, until they decide to give him a hearing for the appeal. My friend is now working based on his current valid open work permit

In the meantime, his parents have a U.S tourist visa, and they want to claim refugee as well because they have risks in their country of origin, and he is wondering if his parents can come to the U.S and claim refugee at the point of entry under the current circumstances. Please note that the country of origin is Iraq.

Thank you,

Sounds like they would be able to: http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp
Family member exceptions
Refugee claimants may qualify under this category of exceptions if they have a family member who:
-is a Canadian citizen
-is a permanent resident of Canada
-is a protected person under Canadian immigration legislation
-has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB)
-has had his or her removal order stayed on humanitarian and compassionate grounds
-holds a valid Canadian work permit
-holds a valid Canadian study permit, or
-is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)

 

[canadian90]

Thanks for your reply!

I have read this, but it is still not very clear to me if this applies to my friend's situation. Would the immigration consider him as a worker as well with his valid open work permit? or he is just a claimant that had his claim rejected and waiting for the appeal process.

The only condition that may apply to my friend's situation is:
- holds a valid Canadian work permit
- is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.) -> which we are not so sure about this if it applies to his situation.

As mentioned, his claim was rejected, and he filed an appeal to the IRB, and he is waiting for a decision to see if they are going to set up a hearing for his appeal.


Thanks,

 

[vensak]

Thanks for your reply!

I have read this, but it is still not very clear to me if this applies to my friend's situation. Would the immigration consider him as a worker as well with his valid open work permit? or he is just a claimant that had his claim rejected and waiting for the appeal process.

The only condition that may apply to my friend's situation is:
- holds a valid Canadian work permit
- is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.) -> which we are not so sure about this if it applies to his situation.

As mentioned, his claim was rejected, and he filed an appeal to the IRB, and he is waiting for a decision to see if they are going to set up a hearing for his appeal.
Thanks,

He has an OWP (opened work permit). Was this one issued according to his refugee claim? Is there any other condition bound to this work permit? Is he still under OWP or already under implied status.
Best is to ask a lawyer first.

 

[canadian90]

Thanks for your reply.

Yes this open work permit was issued based only on his refugee claim. His work permit is valid for two years, he is still holding it until his status is eventually determined.