Hi everyone,
I had a negative hearing on Aug 2018 and then applied for federal court judicial review which was rejected also this feb .my questions are:
1_ what is PRRA? should i apply for that?
2_ I want to apply for H&C . I have 2 kids under 18 and one of them is Canadian. Do you recommend any good lawyers in mississauga?
Thanks
It is easy to confuse and conflate PRRA with an H&C - they're different.
1. Pre-Removal Risk Assessment - you are "invited" to apply for PRRA by the CBSA, if you are eligible. There is no fee. PRRA assesses any risk that may have arisen since your refugee claim was determined. It isn't an appeal or a review of any earlier refugee proceeding, You get a Stay of removal if you comply with the application period. The approval rate is very low and this is because they're looking at new risks (under A96 and 97 of IRPA) based upon new evidence that you must provide. These applications move swiftly.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5523-applying-removal-risk-assessment.html#5523E2
2. H&C is more complex as the decision-makers have a broader discretion to consider a wide variety of factors and are not to consider A96 and 97, but instead focus upon policy provisions that include commitment to Canada, community support and establishment. Best Interests of the Children (BIOC) is an international endeavour and Canada signed on and this is where it is most apparent. Hardship is also a consideration and it is complicated when compared to PRRA (I have other posts where I think this is differentiated), however the substantive difference is the test, or threshold.
There is no Stay of removal with an undecided H&C, so in other words it doesn't impede removal from Canada and they simply decide it later, after your removal.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html
H&Cs need to be well put together, organized and policy directed with evidence that you provide and maintain throughout the life of the application. Will it be compelling and not be simply a submission that says my children would do better in Canada rather than anywhere else?
It had best be. This process takes more than a year before an officer will see it. Broader discretionary authority for the decision-maker allows for more approvals when compared with PRRA, but you have to make the case because they won't do it for you.
CIC seems to like deciding both at the same time, if they have both before them. Neither PRRA or H&C will benefit an applicant who cannot satisfy the legislative or policy goals as they're set out, obviously.
