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Author Topic: Question about refugee case?  (Read 526 times)
QuestionX
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« on: March 16, 2011, 11:22:57 am »

Hi I am writing this for a friend of a friend I don't know this person so I can't really give any more info then what I was told but any help would be great.

From what I was told this person came to Canada on a visiting visa then applied for refugee status, but when the time came they did not end up going to the trail date, so now the question is what does this person do they want to go back home but they still have his passport and also will there be any penalties against him if he ever wants to come back to Canada? And will Canada or his home country prevent them from coming back here?
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Baloo
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« Reply #1 on: March 16, 2011, 11:27:55 am »

Not much to go on.

I believe that ignoring the trial date will normally get a removal order issued.

Getting back into Canada may be difficult after that.

What country are you taking about?
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
QuestionX
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« Reply #2 on: March 16, 2011, 11:41:39 am »

I think he is from mexico
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rjessome
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« Reply #3 on: March 17, 2011, 08:29:08 pm »

A removal order is issued at the start of a refugee process but stayed until a decision is reached.  This order would come into force when the guy didn't show at the hearing.  From the CBSA website:

If a person is issued a removal order and files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.

If he left and wanted to return to Canada, he would have to apply for Authorization to Return to Canada (ARC).
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Baloo
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« Reply #4 on: March 17, 2011, 09:08:38 pm »

A removal order is issued at the start of a refugee process but stayed until a decision is reached.  This order would come into force when the guy didn't show at the hearing.  From the CBSA website:

If a person is issued a removal order and files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.

If he left and wanted to return to Canada, he would have to apply for Authorization to Return to Canada (ARC).

Thanks for making that clearer Smiley
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
rjessome
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« Reply #5 on: March 17, 2011, 09:30:18 pm »

Thanks for making that clearer Smiley

Anytime elephant man!  Tongue
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