Very urgent

[Hellodear1]

Hi

My wife and kids applied for asylum on border. They have been now issued refugee claimant document and are now doing medical. In the kit they are give " minister delegte review" which states " i am satisfied that you are the person under 41(a), 20(1)(a) , R6 . I must inform you that you have 15 days to appeal. Deaprature order issued.

Please explain

 

[Hellodear1]

Any one please?

 

[Bornlucky]

Hi

My wife and kids applied for asylum on border. They have been now issued refugee claimant document and are now doing medical. In the kit they are give " minister delegte review" which states " i am satisfied that you are the person under 41(a), 20(1)(a) , R6 . I must inform you that you have 15 days to appeal. Deaprature order issued.

Please explain

I will try.

When you make a claim to Convention refugee status in Canada you are considered to be trying to move permanently to Canada and the CBSA writes a report detailing what laws have been contravened under the Canada's Immigration Refugee Protection Act (IRPA). You are supposed to receive approval for permanent residence before arriving in Canada.

The Departure Order you've been issued is conditional - if your are determined to be Convention refugees then it is no longer a valid order. If you are not determined to be Convention refugees then it will come into effect and you will be under a removal order requiring you to depart Canada.

You can look up the sections quoted in IRPA (the one beginning with R is a regulation and 41(a) & 20(1)(a) is from the Act).

The Act https://laws.justice.gc.ca/eng/acts/i-2.5/
The Regulations https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/

This is completely common and normal procedure and the 15 days you have to appeal the order is standard, and not generally worth appealing because it is factual - you've come to Canada to reside permanently as a potential refugee.

In short, if your are successful with your claim to Convention refugee status, the order loses its validity. Fail with the refugee claim and the Departure Order becomes active.

Laws are complex and this is why lawyers exist - for you to hire and pay to have this stuff explained to you.

 

[Hellodear1]

I will try.

When you make a claim to Convention refugee status in Canada you are considered to be trying to move permanently to Canada and the CBSA writes a report detailing what laws have been contravened under the Canada's Immigration Refugee Protection Act (IRPA). You are supposed to receive approval for permanent residence before arriving in Canada.

The Departure Order you've been issued is conditional - if your are determined to be Convention refugees then it is no longer a valid order. If you are not determined to be Convention refugees then it will come into effect and you will be under a removal order requiring you to depart Canada.

You can look up the sections quoted in IRPA (the one beginning with R is a regulation and 41(a) & 20(1)(a) is from the Act).

The Act https://laws.justice.gc.ca/eng/acts/i-2.5/
The Regulations https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/

This is completely common and normal procedure and the 15 days you have to appeal the order is standard, and not generally worth appealing because it is factual - you've come to Canada to reside permanently as a potential refugee.

In short, if your are successful with your claim to Convention refugee status, the order loses its validity. Fail with the refugee claim and the Departure Order becomes active.

Laws are complex and this is why lawyers exist - for you to hire and pay to have this stuff explained to you.

Thank you very much for the explanation.