Step-by-Step Guide for Refugee Claimants in Canada: From RPD to PRRA and H&C Applications
If you are a refugee claimant in Canada, understanding the steps involved in the process is critical to ensuring that you follow the correct legal procedures. This guide covers the journey from submitting your claim to the Refugee Protection Division (RPD) to exploring final options like Pre-Removal Risk Assessment (PRRA) and Humanitarian and Compassionate (H&C) applications.
Step 1: Applying to the Refugee Protection Division (RPD)
Eligibility:
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- Individuals can make a refugee claim at the port of entry or an inland immigration office.
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- The RPD determines whether the claimant qualifies as a Convention refugee or a person in need of protection.
Procedure:
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- Submit your refugee claim and required documents.
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- Attend a hearing at the RPD to explain why returning to your home country is dangerous.
Outcome:
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- Positive Decision: You gain refugee status and can apply for Permanent Residence (PR) in Canada.
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- Negative Decision: You may appeal to the Refugee Appeal Division (RAD) or explore other options.
Step 2: Appealing to the Refugee Appeal Division (RAD)
Eligibility:
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- If you receive a negative RPD decision, you may appeal to RAD unless the case is manifestly unfounded or you are from a designated country of origin.
Procedure:
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- File your appeal to RAD within 15 days of the RPD decision.
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- RAD reviews the case and may accept new evidence.
Outcome:
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- Positive Decision: Refugee status is granted.
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- Negative Decision: You can seek judicial review at the Federal Court.
Step 3: Applying for Judicial Review at the Federal Court
Eligibility:
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- If RAD rejects your appeal, or you cannot appeal to RAD, you may request a Federal Court judicial review.
Procedure:
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- Apply for judicial review within 15 days of the RAD decision.
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- The Federal Court examines the fairness of the decision but does not review the facts of your case.
Outcome:
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- Positive Decision: The case may return to RPD or RAD for reconsideration.
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- Negative Decision: You may proceed with a PRRA or H&C application.
Step 4: Applying for Pre-Removal Risk Assessment (PRRA)
Eligibility:
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- PRRA is available if all appeals have failed, and you are facing removal.
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- You may apply if new risks or evidence have surfaced since your initial refugee claim.
Procedure:
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- You’ll be invited to apply once a removal order is issued.
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- Submit evidence of new risks, and the PRRA officer assesses the case.
Outcome:
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- Positive Decision: Removal is halted, and you can apply for Permanent Residence.
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- Negative Decision: Your removal from Canada continues.
Step 5: Applying for Humanitarian and Compassionate (H&C) Grounds
Eligibility:
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- You may apply for H&C grounds if you are not eligible for refugee protection or have exhausted legal remedies.
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- H&C applications focus on hardship, family ties, or best interests of children.
Procedure:
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- Submit an H&C application with evidence of exceptional circumstances or hardships.
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- Unlike refugee claims, H&C does not focus on persecution risks.
Outcome:
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- Positive Decision: You receive Permanent Residence.
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- Negative Decision: Removal orders proceed, but a PRRA is still possible if new risks emerge.
Additional Considerations:
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- Voluntary Departure: Leaving Canada voluntarily can help avoid a removal order, potentially easing future applications.
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- Re-Application: Eligibility for re-applying depends on previous decisions by RPD or RAD.
By following the above steps, refugee claimants in Canada can better navigate the complex immigration system. It’s crucial to seek professional legal advice at each stage to maximize your chances of success. Contact us today to know your options. We are Helping Hands Immigration –“Our helping hands for your Canadian future”
