Appeals:
Refugees, Humanitarian & compassionate grounds:
- According to Citizenship and Immigration Canada Statistics(CIC), in 2004 approximately 14% of all recent immigrants
that entered Canada are refugees.
- Canada is one of the highest refugee receiving nations in the world.
- Canada is well known internationally for its human rights record.
- Canada is signatory to many international treaties including Geneva Convention, which are made solely to protect
those who no longer have a safe haven.
Refugees are defined by The 1951 Geneva Convention, the 1967 Protocol and Citizenship and Immigration Canada s. 96 of
Immigration and Refugee Protection Act as:
- a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in
a particular social group or political opinion; and
- is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of
the protection of each of those countries; or not having a country of nationality; or
- is outside the country of their former habitual residence; and
- is unable or, by reason of that fear, unwilling to return to that country
We may be able to help you, If you think that you fit this definition in any way. Please do not hesitate to contact us.
Pre - Removal Risk Assessment - PRRA
The PRRA process provides failed refugee claimants with an opportunity to explain why they should not be removed from
Canada. Valid reasons include new evidence, or changed circumstances since their IRB hearing. Those found in need of
protection may apply for permanent residence. Those found not in need of protection may be removed from Canada. This
process can also be subjected to judicial review.
Prior to Immigration and Refugee Protection Act, 2002 PRRA was know as Post determination refugee claimant in Canada
class (PDRCC).
PRRA is available for those who are:
- under a removal order;
- are named in a certificate which renders them inadmissible; or
- have been refused refugee status.
These individuals are given the opportunity to submit an application to the Minister for protection.
Humanitarian & Compassionate Considerations
People who would suffer hardship if they were returned to their home country may apply to remain in Canada on Humanitarian
and Compassionate grounds. Furthermore individuals may apply to the minister of Citizenship and Immigration to remain in
Canada on humanitarian and compassionate grounds, even when they fail to meet the legislative requirements for
immigrating to or remaining in Canada. An individual can also apply to the Minister of Citizenship and Immigration for
humanitarian and compassionate countless times. Applications under this category can also be applied for at anytime and
during the processing of other applications.
There is no automatic stay of removal associated with an H&C application. Applicants may be sent back to the country of
residence while the application is in process. However, applicants may apply to the courts for a judicial stay pending the
outcome of the application or if they fail to demonstrate that they are in need of protection. Those who are successful in their
applications become permanent residents of Canada. Those who are unsuccessful may apply for a judicial review.
For more information on family/spousal rejections or any of the above programs please contact us.