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Babyfaced

Full Member
Mar 11, 2017
32
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My kids were first accepted as conventional refugee and I was refused and the minister appealed their own positive decision but I quickly applied for their PR. Can CBSA put a hold on my kids PR application because the RAD reversed the positive RPD decision of my kids afterwards when the minister appealed it.
 
Babyfaced said:
My kids were first accepted as conventional refugee and I was refused and the minister appealed their own positive decision but I quickly applied for their PR. Can CBSA put a hold on my kids PR application because the RAD reversed the positive RPD decision of my kids afterwards when the minister appealed it.
Have you received APROVAL IN PRINCIPLE letter from cic? I am afraid you will not receive!
Hire a good lawyer and provide some new evidence that make your claim stronger?
There is nothing like cic vs cbsa because cic process PR application base on the information given by CBSA.
So when you submit your RPD decision cic verifies it with CBSA.
 
Refugee Board is well aware what decision they have to take so if you have positive decision on your child than it is great. Appeal goes to RAD Refugee appeal division and there is only 5 % chance to overturn the decision. But you have a positive decision and it is still in force unless it is overturned. PR application take more time so you will probably have another Positive decision from RAD.
 
Cic started processing their PR application in December last year but I received a negative decision from RAD that the kids were no longer protected person in February. My fear now is, won't Cbsa ask cic to put a hold on the kids PR application.
 
Babyfaced said:
Cic started processing their PR application in December last year but I received a negative decision from RAD that the kids were no longer protected person in February. My fear now is, won't Cbsa ask cic to put a hold on the kids PR application.
If your the decision is overturned by RAD and he/she is no longer protected person, yes, they will find out and your kid will not be eligible for the program you applied. So you won't receive you AIP.
 
You need to appeal it to Federal Court asap but Did you receive anything so far ? from CIC on PR application ? it is also possible to put the hold on PR application but do not give up fight till the end.
 
Already asked for Leave from the federal court but I don't know how much it's going to cost to appeal to the federal court.
 
Legal aid refused to approve it, so I need to pay a lawyer. Just want to know how much is charged for appeal to the federal court for Judicial review.
 
Babyfaced said:
Legal aid refused to approve it, so I need to pay a lawyer. Just want to know how much is charged for appeal to the federal court for Judicial review.

U cannot appeal it in Federal Court without RAd decision.
 
Federal Court is not reviewing whether you are a conventional refugee or not, when you appeal to Federal Court you claim that the Refugee board Member has made significant procedural mistakes of procedural norms. like you had some documents and they did not accepted or something like that I would strongly recommend to appeal it to Federal Court, Lawyers know what to do and on what to appeal in Federal Court. IF Federal Judge decides to schedule the hearing it will take some time could be one year or more, and if such hearing is schedules you have good chances. In General Federal Court decision could take some 3 months.