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Refusals and Appeals

They want to remove me

Q. I came to Canada in 2001 and applied for refugee status. My case was refused. In March 2006 I made a Humanitarian and Compassionate Application. I did not receive yet a decision regarding my H&C application, but meanwhile, Immigration wants to remove me and my family from Canada. I do not know where to turn to or what should I do at this stage?

A. I receive many questions regarding this matter, and we handle hundreds of cases like this every year. When you applied for protected person / refugee status in 2001 you received a conditional departure order. At the time that your application for refugee status was refused, your departure order automatically became a deportation order without any further notice to you. Many people do not realize this happens – but you have a deportation order against you! At this stage, the Canada Border Services Agency (CBSA) could seek a decision from Immigration Canada on your H&C application, before removing you from the country but do not do so often. Before deporting you, CBSA must first serve you with a Pre-Removal Risk Assessment (PRRA) form for which you have 15 days to file the form and 30 days to file submissions as to why your country of origin is a risk to your life for you and your family. If the PRRA is negative, CBSA will complete removal. At the time of the negative decision on PRRA, you have the option to challenge the decision in the Federal Court of Canada. If you are refused in the Federal Court, you will receive a date for removal. You may also receive a date for removal while you are fighting the decision in Federal Court so you can also make a written request (application) to stop your removal until your H&C application is decided (in case it has not), or other reasons, like children’s school year being interrupted, etc. If refused by CBSA again you will also have to challenge the decision in Federal Court. The procedures are rather complicated and stopping removal is very difficult so you will need professional help. Good luck!


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