Protected Mother and application of PR for her son inside Canada

[Nana-Canada]

Are you sure his study permit wasn’t cancelled? The big issue is if he doesn’t qualify for PGWP he will have to leave after his education or before since he now has an exclusion order. I would be contacting a lawyer.

Hi dear, he didnt receive a removal order, yet. We received the decision yesterday only. He is still having the chance of applying for a federal court appeal or to an humnaitarian and compassionate appeal. I am seeing a lawyer next week but we need to discuss and agree on the best solution for it before proceeding further. that's why i am seeking to know all the options he has.

 

[Buletruck]

He already has the removal order. It’s one of the documents you sign when you apply as a refugee claimant. It’s jusy been unenforceable to this point. Not that it’s likely to happen, but CBSA could show up tomorrow to remove him.

 

[Nana-Canada]

He already has the removal order. It’s one of the documents you sign when you apply as a refugee claimant. It’s jusy been unenforceable to this point. Not that it’s likely to happen, but CBSA could show up tomorrow to remove him.

.. OOh really?? but he can still apply for an appeal to the Federal Court .. how can they just show up to remove him!!!! i don't understand it?

 

[21Goose]

.. OOh really?? but he can still apply for an appeal to the Federal Court .. how can they just show up to remove him!!!! i don't understand it?

When you apply for asylum, you are given an immediate removal order. However, this order is stayed/suspended till you get a final decision. If the decision is negative, as in your son's case, the order becomes active and he has 15 days to leave Canada. This is just part of the refugee process.

CBSA can legally show up to remove him at any time after those 15 days. This does not usually happen; they don't just break your door down and deport you.. but they can.

Yes, you can apply for judicial review to the Federal Court, but this is NOT a guaranteed right of appeal. It's asking the Court for permission to appear before them and have them review the case. The FC may well refuse to review the case.

If the study permit was granted on the basis of the pending refugee claim, then yes, it will be cancelled and he will have to leave Canada. Your lawyer is the best person to give you advice based on your specific circumstances.

 

[Nana-Canada]

When you apply for asylum, you are given an immediate removal order. However, this order is stayed/suspended till you get a final decision. If the decision is negative, as in your son's case, the order becomes active and he has 15 days to leave Canada. This is just part of the refugee process.

CBSA can legally show up to remove him at any time after those 15 days. This does not usually happen; they don't just break your door down and deport you.. but they can.

Yes, you can apply for judicial review to the Federal Court, but this is NOT a guaranteed right of appeal. It's asking the Court for permission to appear before them and have them review the case. The FC may well refuse to review the case.

If the study permit was granted on the basis of the pending refugee claim, then yes, it will be cancelled and he will have to leave Canada. Your lawyer is the best person to give you advice based on your specific circumstances.

Thank you for your reply. I do appreciate your help.

 

[Nana-Canada]

Thank you for your reply. I do appreciate your help.

Can he still apply to consider his file under the humanitarian and compassionate grounds?

 

[canuck78]

Can he still apply to consider his file under the humanitarian and compassionate grounds?

After a year but that doesn’t cancel the deportation order.