What To Do If Refugee Claim Is Denied in Canada: Complete Guide

Getting a refugee claim rejected in Canada can feel like a big blow. You need to act fast and smart to protect your rights and look at other options. It’s key to know what you can do if your claim is turned down in Canada.

In Canada, the Immigration and Refugee Board checks each refugee claim carefully. They handle about 38,000 claims every year. Sadly, not everyone’s claim is approved, so you must be ready to act quickly after getting a denial notice.

This guide is here to help if your refugee claim was denied in Canada. We’ll show you important steps, legal choices, and ways to possibly reverse or fight your rejection.

Key Takeaways

• Act quickly after receiving a rejection notice
• Understand your legal appeal options within strict timelines
• Secure professional legal representation
• Explore alternative immigration pathways
• Prepare thorough documentation for possible appeals
• Know your rights throughout the whole process

Understanding Refugee Claim Denial Notices in Canada

Going through the Canada immigration refugee board process can be tough, even more so when you get a denial notice. This notice is key because it tells you why your claim was turned down.

When you’re dealing with refugee rights in Canada, it’s important to get the details of denial notices. The Immigration and Refugee Board (IRB) gives detailed reasons for why claims are rejected.

Types of Rejection Notices

Denial notices can be different for many reasons. Here are some main types:

• Ineligibility because of previous claims
• Security-related reasons
• Not following the right procedures
• Lacking enough proof of being a refugee

Reading and Understanding Your Notice of Decision

It’s vital to read your Notice of Decision carefully. It will list the exact reasons for the denial. This helps you see if you can appeal. About 60% of refugee claims in Canada are denied, so it’s important to understand it well.

Time Limits After Receiving Denial Notice

After getting a denial notice, you must act fast. Here are some important deadlines:

1. You have 15 days to start a judicial review
2. You have 30 days to send the Appellant’s Record
3. You might be able to apply for Pre-Removal Risk Assessment

Knowing these deadlines can help you move forward in the refugee protection process.

Common Reasons for Refugee Claim Rejections

When you apply for asylum in Canada, knowing why claims get rejected is key. Many face hurdles in the immigration process. These can lead to the Immigration and Refugee Board of Canada saying no.

The main reasons for refugee claim rejection in Canada are:

• Lack of Credibility: If your stories don’t match or you don’t have enough proof, your claim might fail.
• Insufficient Proof of Persecution: You must show a real fear of being harmed in your home country.
• Identity Documentation Problems: Not having solid proof of who you are can also lead to rejection.

About 60% of refugee claims are not accepted in Canada. Thirty percent are denied because of credibility issues. Twenty percent are rejected because they can’t prove a real fear of persecution.

Immigration officials look at a few important things:

1. Is your story true?
2. Do you have solid evidence of danger?
3. Can you get protection in your home country?

Knowing these challenges can help you make a stronger refugee claim. This might boost your chances of getting asylum in Canada.

Immediate Steps After Receiving a Rejection

Getting a refugee claim rejection can feel like a big blow. But, it’s important to act fast to protect your rights in Canada. Every minute counts when you’re looking for legal help for rejected refugee claims.

Securing Legal Representation

Finding a good lawyer is the first and most important step after a denial. Refugee laws in Canada are complex. A skilled immigration lawyer can greatly boost your appeal chances.

• Contact immigration lawyers who focus on refugee cases
• Look for legal aid in your province
• Book your first meeting as soon as possible

Gathering Required Documentation

Having all the right documents is key to fighting your claim rejection. Make sure you have:

1. The original rejection notice
2. Your Basis of Claim (BoC) form
3. Personal ID documents
4. Any evidence that supports your claim

Understanding Your Appeal Rights

Canada’s refugee system offers several ways to appeal a rejection. About 55% of claims are accepted, giving hope to those denied at first. You might have options like:

• Submitting to the Refugee Appeal Division (RAD)
• Going to the Federal Court for a judicial review
• Getting a Pre-Removal Risk Assessment (PRRA)
• Applying on humanitarian and compassionate grounds

Keep in mind, most appeal processes have tight deadlines. Quick action with the right legal advice can really help your case.

What To Do If Refugee Claim Is Denied in Canada

Getting a rejection for your refugee claim in Canada can feel like a big setback. But, there are many ways you can move forward. It’s important to know your options to protect your legal rights.

If your refugee claim is denied, you should act fast. There are several legal steps you can take:

• File an appeal with the Refugee Appeal Division (RAD) within 15 days
• Pursue a judicial review at the Federal Court
• Apply for a Pre-Removal Risk Assessment (PRRA)
• Explore Humanitarian and Compassionate Grounds application

Having a lawyer can greatly increase your chances of winning. Studies show that claims with legal support are 60% more likely to succeed. A lawyer can guide you through the legal process and find the best strategy for your case.

Your options depend on the type of rejection and your personal situation. Some claims may be seen as clearly unfounded, which can limit your appeal options. Knowing these details is key to a strong legal plan.

Understanding the Refugee Appeal Division (RAD)

The Refugee Appeal Division (RAD) is a key part of the Canada immigration refugee board. It gives hope to those whose refugee claims were first denied. This tribunal is a vital way for people to challenge negative decisions.

The refugee appeal process in Canada has strict rules and timelines. Claimants must appeal within 15 days of getting the reasons for their denial. The appeal involves several steps:

• Submit three copies of the notice of appeal
• Prepare an appellant’s record within 45 days
• Provide documentation in English or French

Most RAD decisions are made based on written documents. The division can consider new evidence not in the original decision. If the appeal succeeds, the person might get protected status and apply for permanent residence.

The RAD can decide in three ways: allow the appeal, reject it, or order a new hearing. Getting legal help is often advised because of the complex refugee laws.

Time is very important in the appeal process. The RAD must decide within 90 days of getting all needed info. If the appeal fails, claimants have 15 days to ask for a judicial review in Federal Court.

Filing an Appeal with the Refugee Appeal Division

When your refugee claim is denied, you can appeal. This is through the Refugee Appeal Division (RAD). It’s important to follow the rules closely.

Crucial Appeal Timelines

Time is very important when appealing a rejected refugee claim. You must appeal within 15 days of getting the reasons for the decision. If you miss this, your chances of winning may drop.

Documentation Requirements

To appeal successfully, you need a good package. This includes:

• Written reasons why the original decision was wrong
• New evidence not presented before
• Three copies of your appeal notice (or one online)
• An affidavit explaining any delays

Understanding the Appeal Process

The RAD has a set way of reviewing appeals. They usually decide within 15 days, unless they order a hearing. If new evidence comes in, you get 15 more days to respond.

Extension of Time Considerations

If you miss deadlines, you can ask for an extension. You need to explain why and follow RAD rules. Canada’s appeal system is strict, with few chances for full review.

Getting legal help can greatly improve your appeal. Experts can guide you through the process and make sure you meet all the rules.

Federal Court Judicial Review Process

When a refugee claim in Canada is rejected, the Federal Court judicial review is a key chance to appeal. It’s a detailed legal process that lets people challenge negative immigration decisions.

Important parts of the Federal Court judicial review for refugee rights in Canada include:

• Filing an Application for Leave within 15 days of getting the Notice of Decision
• Submitting a complete Application Record within 30 days
• Getting legal help, as immigration consultants can’t represent you in Federal Court

The judicial review process is complex and urgent. Possible results are:

1. Returning the claim to the Immigration and Refugee Board for a new look
2. Confirming the original choice
3. Finding legal or procedural mistakes in the first review

Dealing with a Canada refugee claim rejection needs careful attention to strict legal deadlines. The filing fee is $50.00, and applicants must be ready to make strong arguments against the original decision. Getting professional legal help is key to understanding and going through this complex review process.

Even though it’s not a sure thing, the judicial review gives refugee claimants a last chance to fight their claim’s rejection. It could help them keep their right to stay in Canada.

Pre-Removal Risk Assessment (PRRA) Applications

When you’re facing removal from Canada, the Pre-Removal Risk Assessment (PRRA) is a key chance to stay safe. It’s a final step to show you might face danger if sent back home.

Understanding PRRA Eligibility

To apply for a PRRA, you must meet certain rules. These include:

• Waiting at least 12 months after a previous negative refugee claim
• Being unable to reapply if a previous PRRA application was submitted
• Having new evidence not previously presented in the refugee claim

Documentation Requirements

When you apply for a PRRA, you need to be detailed and accurate. The steps are:

1. Completing PRRA forms within 15 days of notification
2. Submitting supporting documents within 30 days
3. Providing only new evidence not included in previous claims

Processing and Possible Outcomes

PRRA applications are reviewed based on the documents you provide. If you’re approved, you get refugee protection and can apply for permanent residency. If not, you must leave Canada, but you can appeal in Federal Court.

Knowing these steps well can greatly affect your immigration journey in Canada.

Humanitarian and Compassionate Grounds Applications

Immigration can be tough, even after a refugee claim is denied. Humanitarian and compassionate grounds in Canada might be a way out for those who want to stay. These options are for people who don’t fit into regular immigration paths.

When getting ready for a humanitarian and compassionate grounds application, there are a few things to think about:

• Wait at least 12 months after your refugee claim is rejected before applying
• Get all your documents ready to show you’re settled in Canada
• Show how you’re connected to Canadian society
• Explain how hard it would be if you had to leave

The Canada Immigration Refugee Board looks at these applications closely. About 15-20% of them get approved. To win, you need to show strong reasons for staying in Canada, like:

1. Strong family ties
2. Being involved in your community
3. How hard it would be to leave

Getting your documents right is key for these applications. If your application is not complete, it might get rejected, with about 30% of them being sent back because of missing documents. Getting help from a lawyer can really help, as over 50% of those who don’t get legal help face problems.

How long it takes to process these applications can vary a lot, from a few months to over a year. How complex your case is and how complete your documents are will affect the outcome.

Legal Assistance and Support Resources

Getting legal help for rejected refugee claims can be tough. If your refugee claim is denied, knowing your rights and where to get help is key. This is important for those seeking protection in Canada.

Finding Legal Aid Services

Getting professional legal help is vital for refugees facing legal hurdles. Legal Aid groups offer vital support for those fighting for refugee rights in Canada.

• Legal Aid BC helps fund refugee status applications
• They support claims under sections 96 and 97 of IRPA
• They have special legal resources for asylum seekers

Pro Bono Legal Services

Many groups offer free legal help for refugees in tough legal spots. These services are for those who can’t afford regular legal aid.

1. Community legal clinics
2. Non-profit refugee support centers
3. University legal assistance programs

NGO Support Organizations

Non-governmental organizations are key in helping refugees with legal issues. They offer detailed guidance and resources for those dealing with complex immigration processes.

• Refugee support networks
• Legal consultation services
• Advocacy and rights protection groups

Only a lawyer can represent you in Federal Court. Getting legal help quickly can boost your chances of winning a refugee claim denial.

Deportation Procedures and Your Rights

Dealing with deportation after a refugee claim denial is tough in Canada. About 50% of refugee claims get turned down, which might lead to a removal order. Knowing your rights as a refugee in Canada is key during this time.

Canada has three types of removal orders:

• Departure Order: You must leave Canada within 30 days
• Exclusion Order: You can’t come back for one to five years
• Deportation Order: You must leave right away and can’t come back easily

Canadian law protects people facing deportation a lot. You can’t be sent to a place where your life or freedom is in danger because of your race, religion, nationality, or political views. The Canadian Charter of Rights and Freedoms makes sure you have legal rights throughout.

Important things to think about during deportation include:

1. You usually have two weeks or less to act after a removal order
2. Having a lawyer is very important in dealing with immigration
3. Options like Pre-Removal Risk Assessment (PRRA) might help

Asylum-seekers have certain rights, like getting legal advice and possibly free legal help if they can’t afford it, Knowing these rights and acting quickly and wisely can really change your immigration situation.

Voluntary Departure Options

Understanding voluntary departure is key when facing a Canada refugee claim rejection. It’s important for those seeking asylum in Canada. The path ahead needs careful planning and smart decisions to tackle immigration hurdles.

Voluntary departure comes with important considerations. Refugees must know about different removal orders that affect their future:

• Departure Orders: Require leaving within 30 days
• Exclusion Orders: Prevent return for one year
• Deportation Orders: Permanent removal without automatic return rights

Planning Your Departure Strategy

Those with a negative refugee claim need a detailed departure plan. It’s about knowing travel document needs and looking into future entry options. The Canada Border Services Agency (CBSA) offers a 30-day voluntary departure window. This is key for keeping immigration doors open.

Documentation Requirements

Getting the right documents is vital for a smooth departure. This includes getting emergency travel documents from your home country’s embassy or consulate. Refugees should also look into pre-removal risk assessment (PRRA) options for other paths.

Remember, voluntary departure doesn’t mean your immigration journey ends. With the right preparation and knowledge of your rights, you can keep doors open for future returns or other immigration plans.

Protected Person Status and Alternatives

Understanding protected person status is key for those seeking asylum in Canada. The immigration system has special paths for those who qualify for protection.

Protected person status is a legal term that offers big benefits. It’s given to those who meet certain criteria set by Canadian immigration. About 27% of refugee claims are reviewed carefully, with outcomes depending on each case.

• Protection can be denied for several reasons:
  • Providing false evidence
  • Accepting protection in another country
  • Significant changes in home country conditions
  • Obtaining citizenship elsewhere

The Immigration and Refugee Board (IRB) is key in deciding protected person status. They do detailed checks to see if someone is eligible¹. Important things they look at include:

1. Credibility of the claim
2. Proof of identity
3. Demonstrating a well-founded fear of persecution

Having a lawyer is very important during this time. About 80% of people need legal help to understand the rules.

If someone gets protected person status, they can apply for permanent residence later. But, criminal activity can affect this, with about 1.5% of protected persons facing removal.

Applying for Canadian citizenship can also help. It can reduce removal risks for about 20% of people when done right.

Impact on Family Members and Dependents

When a refugee claim is denied, it affects more than just the person who applied. The Canada immigration refugee board knows how hard it is for families during these times. It’s important to understand how a denial can impact family members.

Canada has rules to help family members and dependents when a claim is denied. The immigration system looks at several things when dealing with family situations:

• Dependants include spouses (married or common-law) and unmarried children under 22 years old
• The One Year Window (OYW) helps families stay together
• Some family members might be able to get special sponsorship

Options for Family Unity

Families facing a denied claim have several ways to stay together. The canada immigration refugee board has strategies to help keep families connected. Families might look into:

1. Applying for a One Year Window (OYW) to bring family members
2. Looking into other immigration options
3. Trying to appeal the original decision

Special Considerations for Children

Children are a vulnerable group in refugee claims. About 50% of claimants have family members with them. Canada’s refugee rights focus on keeping children safe during immigration. Families might face challenges like school disruptions and emotional issues due to uncertain status.

Getting help from immigration lawyers is key for families. They should find lawyers who know how to help families stay together during tough times.

Immigration Status During Appeals

Dealing with your immigration status during a refugee appeal in Canada can be tough. If your refugee claim is rejected, knowing your rights is key. You have several options to keep your legal status while appealing.

During the appeal, you can apply for an Open Work Permit (OWP). This permit lets you work legally while waiting for your appeal to be decided. It helps you keep your finances stable.

• Maintain legal status by filing appeal within 15 days of RPD decision
• Apply for Open Work Permit during appeal process
• Prepare necessary documentation for possible outcomes

The Refugee Appeal Division (RAD) usually decides within 90 days after getting all the information. You can stay in Canada while your appeal is being processed. You must send your appeal records within 45 days of the original decision.

Legal help greatly increases your appeal’s success rate. Some people have reported a 100% success rate with the right legal support. It’s vital to understand your case and prepare well.

Your immigration status is unsure during this time, but you have legal protections against deportation. Stay updated, follow all steps, and get professional advice to handle this complex process well.

Conclusion

Knowing what to do if a refugee claim is denied in Canada is complex. Those facing rejection should see it as a chance to find new legal ways. Even though about 60% of claims are first denied, there are many ways to keep going.

Canada’s refugee rights offer important ways to get protection. You can appeal, ask for a judicial review, or apply for humanitarian reasons. Getting a lawyer is key to understanding these steps and making a strong plan.

Every refugee’s story is different, needing a unique approach and solid evidence. Success comes from hard work, gathering evidence, and smart legal planning. With the right help and knowledge, you can overcome challenges in Canada’s immigration system.

Canada’s system aims to be fair and considerate of human needs. Refugees should stay strong and know there are many ways to protect their rights and get recognized.