Despite the many routes and leniency that Canada provides to people in refugee claims, there are many reasons why a refugee claim might be denied. But even in such circumstances, you are given various options to appeal the decision and try other legal options that immigration lawyers will guide you on:
Why the Immigration Refugee Board (IRB) Denied Your Claim
The Immigration and Refugee Board (IRB) can decide not to give you refugee status for the following reasons:
Your Refugee Claim Was Not Credible
Your claim as a refugee was not credible due to inconsistencies in your story or any issues with your particular case. Essentially, you do not qualify as a refugee.
Your Identity Was Not Proven
You may not have been identified properly as a resident of your own country. It could also be a case of misrepresentation, which can potentially bar you from the country.
No Fear of Prosecution
A well-founded fear of prosecution was not established in your home country. The IRB is unable to confirm that your fear of prosecution in your home country is confirmed or that it is unfounded.
Did Not Consult Local Authorities
If you did not consult local authorities in your case, there’s a chance that you might not be considered a refugee. There must be proof that you tried to work with legal bodies to prevent prosecution and to get help.
Could’ve Chosen Another Part of Your Country
If the IRB believes that the threat that made you want to leave your country could’ve been avoided by moving to another part of your home country, you can be refused a refugee claim. This can occur if your hometown or current area conflicts.
What Can You Do If The IRB rejects your Refugee Claim?
If your claim gets denied, you have a few choices. Be aware that depending on your case, you might have limited options, and everyone won’t have the same choices. Generally, it’s best to have an immigration lawyer help you in the process to provide you with customised help:
Refugee Appeal Division
You can appeal to the Refugee Appeal Division. They’ll assess the IRB’s decision and assess if the board members made a mistake in your case. Within 15 days from when you receive a rejection, you need to file a notice of appeal which declares that you’re going to appeal. If you fail to file it within the period, you cannot proceed with your appeal to the RAD. The appellant’s record needs to be sent within 30 days of receiving the rejection.
It helps to have legal assistance for this stage. If you can make a strong case, you will likely succeed.
There are three possible outcomes:
- The decision stays the same.
- The IRB’s decision is set aside, and the Refugee Appeal Division makes a new decision.
- Send the matter to the IRB again with appropriate directions on the case.
You cannot access the Refugee Appeal Division if:
- You have withdrawn or abandoned your refugee claim.
- Your refugee claim is unfounded or not credible.
- Those that applied via PRPA.
- Those under the Safe Third country agreement.
Judicial Review
Another option is to apply to the Federal Court for a Judicial Review of the IRB’s decision for your case. You’ll need legal counsel to help apply to the Federal Court. Similarly, you need to apply within 15 days of the notice of rejection.
You’ll be provided an automatic hold on your removal order, which lasts until the court provides a decision on your case. Until the case is resolved, you won’t be forced to depart from the country as well.
Leave Stage
Also referred to as the ‘leave stage,’ you ask the court to hear your case. Be aware that the court can refuse permission if the case is weak. Otherwise, there’s an oral hearing at the second stage where your lawyer speaks on your behalf. At this point, the Federal Court goes through the case to understand if the IRB made an error. If there’s an error, the case is sent to the IRB. Otherwise, you’re put under a removal order with 30 days to leave the country.
Pre-Removal Risk Assessment
In case of a removal order, you can opt for a Pre-Removal Risk Assessment (“PRRA”). It assesses if there’s a current or new risk that you might face if you went back to your country. It accounts for any new evidence of something that occurred after the claim was rejected. Any evidence that you could not provide previously, such as a threat you received after the rejection.
You’ll require an application form for it from a Canada Border Services Agency (CBSA) Officer, which you get when they’re ready to remove you from the country.
Results
If the PRRA application is accepted, you can stay in Canada. You will receive refugee protection and are allowed to apply for permanent residence. Upon rejection, you have the choice of Judicial Review.
Conditions
If you’re from a safe third country, you cannot opt for a PRRA. Failed refugee claimants can’t apply for 12 months after the negative decision unless their country’s conditions are very bad.
It’s highly recommended that you have immigration lawyers in Toronto assist you with your refugee claim. In some processes, they’re a legal requirement. Our professionals at Nanda and Associate Lawyers have experience with cases of refugee claims, Canadian spousal sponsorship, and other immigration cases. We provide corporate lawyers, civil lawyers, commercial real estate lawyers, and family lawyers in Toronto.
Get in touch with us today or book an appointment with our professionals.
