What is the Next Step if Your Refugee Claim is Rejected in Canada?

Successfully qualifying for refugee status can be challenging, and if you have had a previous refugee claim rejected, you may be wondering what to do. Fortunately, there are some steps that you can take that may help to reverse a previous decision. If your claim has been denied, you should seek the help of an immigration lawyer as soon as possible. 

Why did the Immigration Refugee Board (IRB) deny my claim? 

There are a variety of reasons that the IRB may reject a refugee claim. The most common reasons are:

• They did not find your claim credible. 
• They were unable to verify your identity. 
• You did not clearly establish or communicate your fear of persecution. 
• You failed to seek help from local authorities (if that was an option). 
• You could have found safety in another location within your own country. 

What should I do now that my claim was rejected? 

Several options are available to applicants who have had their claims rejected. Not everyone will have the same options however, so this is where consulting with an immigration lawyer becomes very valuable. 

Some of the options are as follows: 

Refugee Appeal Division

In some cases, you may be able to make an appeal to the Refugee Appeal Division. In this case, the division will look at the IRB’s decision and their reasoning to see if they made a mistake. The Refugee Appeal Division has the power to keep the decision of IRB or to make a new one. Alternatively, they may also refer your case back to the IRB with appropriate directions. 

In order to make an appeal, you must do so within 30 days of your rejection. Not everyone is eligible to make an appeal, so be sure to consult with your immigration lawyer. 

Judicial Review 

Another option you may have is to apply to the Federal Court to review the decision of IRB. You have 15 days from the date of your rejection to do this. Engaging in this option will also halt any removal order against you until the Court makes its decision. 

If the Court determines that the IRB made a mistake with your case, your case will get sent back to the IRB for another hearing. 

If however the Court agrees with the decision of IRB, they will issue a removal order and you will have 30 days to leave the country. 

Pre-Removal Risk Assessment

If there is a removal order against you, you may apply for a Pre-Removal Risk Assessment (PRRA). This is an assessment to see what kind of risk you will face if you return to your home country. The PRRA must be based on new evidence that came to light after your original refugee claim was rejected. 

Temporary Residence Permit

If you do not meet the criteria of the Immigration and Refugee Protection Act (IRPA), you may be able to apply for a Temporary Residence Permit (TRP). This is a permit that allows you to be a legal resident of Canada for a period of one day to three years. 

A TRP however is discretionary and can be taken away at any time. To obtain a TRP, you must prove that your reasons for staying in Canada are greater than any criminal or safety concerns. 

Humanitarian and Compassionate Application 

Finally, if your refugee claim is denied, you may still be able to apply for permanent residency in Canada on Humanitarian and Compassionate grounds. This may be granted in exceptional circumstances based on hardship, the best interest of children, etc. 

Contact Minhas Lawyers today

To take any of the steps listed above after having your refugee claim denied, it is critical that you work with a skilled immigration lawyer who can direct you as to the best path to take and fight on your behalf. Contact us today to book a consultation with our immigration lawyers!