I am also on the same boat. My lawyer suggested challenging the case in federal court. But I don’t see how it’s going to work. IRCC followed the law, regardless of how ridiculous and arbitrary it seems. Anyone else taking it to the federal court?
Case ineligible due to bill C-12
- Thread starter Anonymousmoose
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Because IRCC is just following what's written in the law, you wouldn't be able to file for judicial review, so your only remaining option would be to challenge the law itself, which wouldn't be easy. Instead, you should focus on your PRRA application.
Well, that sounds like a lawyer planning to fund his/ her retirement on your dime. Realistically, you need a class action to challenge this in a financially manageable measure and all that getting a class action certified entails. On top of that it's likely to be a constitutional challenge, which, unless you manage to get an injunction, is probably 5-10 years down the road before it makes it to the SCC ( if they even accept it) after running its course through every other level of the judiciary. Keep in mind, the federal government will have spent months reviewing possible scenarios with there legal and constitutional experts trying to pick the law apart prior to implementing it. The government won't simply roll over if they loose in a lower court. They'll run this through every level before any capitulation. This will take a long time to finalize.
My $0.02.....is be asking my lawyer to prep to apply for an injunction on a deportation order if a PRRA is denied.
Great insight, thank you very much! I guess my lawyer's request to go through the "Application for Leave and for Judicial Review" at a federal court would precede taking action at SCC?! The dates in the PFL letter are correct (my entrance and claim dates), so I guess I don't really have a chance at judicial review. BTW, for people whose countries are on the ADR list, do they get a PRRA at all?
Let's start with I'm not a lawyer or consultant, so I have no dog in this hunt. This is just my practical perspective of what I see.
So according to reports, 30,000 letters have gone out so far....that's 30,000 potential legal challenges without having to stretch one's imagination. The courts won't realistically process that many single cases, so a class action is the likely outcome. Not including the time to decide on a class action, they'll give people time to sign up for it, meaning at least 6 months. Then the wait for a a federal court date, realistically another 6 months. There are going to be interveners (specialty groups, provinces, etc.), so probably 1-2 months of hearings and then a few more for a decision (late 2027 decision). If your side wins, expect an appeal to the federal appeals court. If your side looses, expect the same! Add another 12-18 months to get through that and get a result. A mixed decision will guarantee a challenge in the SCC, one way or another. If the SCC accepts the leave to appeal (and they aren't obligated to do that), then it's probably 24 months for a ruling. So, unless the court stays deportations through all of this ( about5-6 years), if you didn't get a PRRA, your probably living in another country or under a rock in Canada (avoiding deportation). You're primary objective is to remain in Canada through the whole process (hoping you have a successful challenge). That's my thinking for having your lawyer have an appeal to stay deportation ready to go.
Then, assuming it is successful, you get to start the whole refugee claim process (and all the time that will take. It's difficult to forecast just how difficult the government plans to make it for those who recieved letters, but I doubt, after public opinion, they'll be too lenient. Who knows....a majority government may just let it all slide for the next 3 years.
It is very unlikely that CBSA will start PRRA for you unless you are inadmissible. PRRA is typically offered to people subject to enforceable removal order.
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A legal challenge to Bill C-12 before the Supreme Court of Canada would likely be led by advocacy groups rather than individual applicants.
Given he is from ADR country, PRRA is unlikely in the near future, therefore, H and C is the most viable option at this stage
Unfortunately, H&C will not keep him in Canads for now. Processing time is 10years.
No, H anc C is the only option as he can stay in Canada for years because of unenforceable removal. Once ADR is lifted, PRRA will be possible.
m not sure what you are saying . If his removal becomes enforceable , he will be unable to remain in Canada even if he applies for H&C.
Removal is not enforceable because of ADR. Once removal is enforceable, PRRA might be offered. As of now, his only option is H and C.
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