What happens to study permit after withdrawal of refugee claim ?

[shaheersinn]

I have asked this question earlier in this forum and I haven't got any satisfactory answer. I have contacted every source from CBSA to IRCC but no one has an answer to this question. I'm posting this again in vain hope that somebody might help me put an end to my misery.

I want to withdraw my refugee claim. As all refugees do before claiming refugee protection, I have also signed a conditional removal order (Departure Order). This becomes effective immediately in case of denial or withdrawal of refugee claim. But I have a valid study permit for two years. Why would I be kicked out of Canada when I have a legal status to study in Canada ?

This does not make sense to me. I'd like to withdraw my claim asap but I fear my studies will be affected badly.

Can anyone guide me here ?

 

[Buletruck]

Why would I be kicked out of Canada when I have a legal status to study in Canada ?

Because you signed a conditional departure order that becomes effective immediately. A departure order would likely supersede any visa or permits you may have.

 

[shaheersinn]

Because you signed a conditional departure order that becomes effective immediately. A departure order would likely supersede any visa or permits you may have.

I still dont get it. How can a departure order supersede a visa which was actually issued by CIC itself ?

 

[Buletruck]

because they have the authority to revoke any permits or visa's at any time.

 

[canuck_in_uk]

http://www.cic.gc.ca/english/resources/tools/refugees/canada/processing/withdrawal.asp

Procedures for withdrawal

If a claimant requests a withdrawal before referral to the Refugee Protection Division

- If the person is in status, they may remain in Canada until that status expires.

 

[encantado]

http://www.cic.gc.ca/english/resources/tools/refugees/canada/processing/withdrawal.asp

Procedures for withdrawal

If a claimant requests a withdrawal before referral to the Refugee Protection Division

- If the person is in status, they may remain in Canada until that status expires.

It's before referral your case to RPD. That means if u decided to withdraw your claim before eligibility interview, then you can keep your status in Canada till it's valid. But if you attended referral interview and signed conditional departure order - all your previous visas are revoked because at that time officer will send a report to CIC that you broke the rules - you came to work/study but claimed refugee protection.

 

[canuck_in_uk]

It's before referral your case to RPD. That means if u decided to withdraw your claim before eligibility interview, then you can keep your status in Canada till it's valid. But if you attended referral interview and signed conditional departure order - all your previous visas are revoked because at that time officer will send a report to CIC that you broke the rules - you came to work/study but claimed refugee protection.

Good to know. I'm not too familiar with all of the steps of the refugee process.

 

[shaheersinn]

It's before referral your case to RPD. That means if u decided to withdraw your claim before eligibility interview, then you can keep your status in Canada till it's valid. But if you attended referral interview and signed conditional departure order - all your previous visas are revoked because at that time officer will send a report to CIC that you broke the rules - you came to work/study but claimed refugee protection.

It has not been mentioned on the website. According to the website:

If a Claimant requests withdrawal after referral to the Refugee Protection Division

• the claimant should inform the RPD, either in writing or orally at a proceeding of the RPD;
• Any future claims would be ineligible 101(1)(c), including when a withdrawal is communicated to the IRB through an intermediary e.g. CBSA officer.

Nothing mentioned here about what what would happen to the claimant after withdrawal.