I am currently trying to help a friend who applied for Refugee status in 2021, but was denied. They hired someone to file an appeal but this lawyer didn't submit all the documents required so their appeal was cancelled. Their lawyer told them everything had been submitted and that it would take time, only to find out after talking to a paralegal their appeal had been cancelled. There is a time limit on appealing, I have seen anywhere from 15 days to 45 days, is there anything they can do as it's been 2 years? We are looking at reopening the appeal but don't know how to go about doing that. Any help is appreciated.
What are options for someone who claimed refugee status but was denied and they're appeal was cancelled?
- Thread starter ASho2975
- Start date
It's too late to appeal or to reopen an appeal. Maybe try applying under H&C. Make sure IRCC has your current address so that you're not ignoring any CBSA requests to appear or similar.
If there is a proof, you can file complain against Counsel and request reopening of your appeal. See below guidelines that may be useful in your situation
https://irb.gc.ca/en/legal-policy/procedures/Pages/allegations-former-counsel.aspx
Your friend could apply for Pre-removal risk assessment (PRRA) .
A Canada Border Services Agency (CBSA) officer would tell your friend if he's eligible. CBSA only check to see if he's eligible after they start the removal process. They also check to see if the 12-month waiting period applies to your friend.
In most cases, a 12-month waiting period applies if
your friend abandon or withdraw his refugee claim, or the Immigration and Refugee Board (IRB) rejects it
he abandon or withdraw another PRRA application, or refuse it
the Federal Court refuses his attempt to have his refugee claim or PRRA decision reviewed
If the 12-month waiting period applies, he won’t be eligible to submit a PRRA application until the waiting period is over.
In addition, your friend could apply for Humanitarian and Compassionate Considerations (H&C)
A Canada Border Services Agency (CBSA) officer would tell your friend if he's eligible. CBSA only check to see if he's eligible after they start the removal process. They also check to see if the 12-month waiting period applies to your friend.
In most cases, a 12-month waiting period applies if
your friend abandon or withdraw his refugee claim, or the Immigration and Refugee Board (IRB) rejects it
he abandon or withdraw another PRRA application, or refuse it
the Federal Court refuses his attempt to have his refugee claim or PRRA decision reviewed
If the 12-month waiting period applies, he won’t be eligible to submit a PRRA application until the waiting period is over.
In addition, your friend could apply for Humanitarian and Compassionate Considerations (H&C)