Withdrawal of Refugee application and left Canada, can i enter again???

[glmmoula]

Hello there,

This question is on behalf of a Refugee ....

This person was came to Canada on a 5 yrs tourist visa in January 2016 and after that he had filled his Canadian Refugee application in March 2016.
But August 2016 he had withdrawn his Refugge application and left Canada at the begining of September 2016. Now he is in his home country.

Question is -Can he come back to Canada to visit Friends and family? Does his initial tourist is still valid? Will the CSBA offer let him enter to Canada at a port of entry?

Thanks.

 

[key78]

NO, he can't come back

 

[glmmoula]

Could you explain a bit more on what basis he can't come back?

 

[key78]

If a refugee claim is withdrawn, a claimant with a conditional removal order can be forced to leave Canada. This is because the order that is made when the claim is referred to the Immigration and Refugee Board takes effect when the claim is withdrawn. now he left Canada, which even make the situation of him coming back difficult.

Filing an H&C application does not give an applicant the right to remain in Canada until the application is decided. And, there are several reasons why a person might not have the right to make an H&C application so it is important to get legal advice before withdrawing a claim.

A refugee claimant who withdraws their claim loses the right to make another refugee claim. There is no right to make another claim and it is very difficult to reinstate a claim that has been withdrawn.

http://www.cic.gc.ca/english/resources/tools/refugees/canada/processing/withdrawal.asp

 

[glmmoula]

Thanks a lot

 

[LGBTrefugee97]

I wonder though, if his claim was referred in March 2016, doesn't that mean he should've had a hearing by May/June 2016? Like I wonder how did he get all this time (5 months) to withdraw his/her refugee claim without a hearing.

 

[Abdul Birdy]

Hello there,

This question is on behalf of a Refugee ....

This person was came to Canada on a 5 yrs tourist visa in January 2016 and after that he had filled his Canadian Refugee application in March 2016.
But August 2016 he had withdrawn his Refugge application and left Canada at the begining of September 2016. Now he is in his home country.

Question is -Can he come back to Canada to visit Friends and family? Does his initial tourist is still valid? Will the CSBA offer let him enter to Canada at a port of entry?

Thanks.

Sorry, sir

If you don't mind,
What's his nationality?

 

[Taxed]

I wonder though, if his claim was referred in March 2016, doesn't that mean he should've had a hearing by May/June 2016? Like I wonder how did he get all this time (5 months) to withdraw his/her refugee claim without a hearing.

Sometimes it takes up for 3 years to schedule a hearing.

He needs to apply for authorization to return to Canada at the embassy in order for him to come back.
Chances are that he will be refused given his immigration history of abandoning his refugee claim, meaning he's not very credible but he could certainly try.

 

[Jamessports]

What if he withdrew the case after he got accepted?. He was told to come back after proving the reason why he had to withdraw. Also was told a note will be put on his file and will be visible when trying to return.

 

[Buletruck]

Unlikely they will let him pick up where he left off as a refugee applicant. He’s returned to the country he was dealing protection from. Returning to his home country (if he was a refugee) would subject him to revocation if his status. He’s obviously not a refugee and he’d still need to try and get a TRV.

 

[Shaziajee]

What if he withdrew the case after he got accepted?. He was told to come back after proving the reason why he had to withdraw. Also was told a note will be put on his file and will be visible when trying to return.

I think he can try if he is not deported and he still have walid visa to enter to canada

 

[Jamessports]

He does not have a visa to Canada. N wasn't deported..

 

[21Goose]

He does not have a visa to Canada. N wasn't deported..

He needs a visa then, and the chances of getting one are very low based on his previous refugee claim. However, he can still try of course. Might get lucky.

 

[Jamessports]

His boyfriend of two years it's a citizen. Any advise?

 

[Buletruck]

That won’t make any difference for getting a visa. In fact, it will lessen his chances as he increases his ties to Canada and the risk of overstaying.