ineligible under 101(1)(b.1) — voluntary departure requested, CBSA says wait — anyone else in this situation?

[Yathu]

Timeline:

• Feb 2024 — Entered Canada on visitor visa
• Jun 2025 — Filed refugee claim
• Jul 2025 — Claim found eligible, referred to RPD; Departure Order issued at eligibility interview; passport seized by CBSA
• Apr 2026 — Procedural fairness letter sent (entry-date query); no response filed by deadline
• Jul 2026 — Claim redetermined ineligible under new one-year rule (A101(1)(b.1)) — claimed >1 year after first entry (Feb 2024 entry vs. Jun 2025 claim). File transferred to CBSA.
• Aug 2026 — IRCC background check completed (per online portal)
• Sep 2026 (today) — No CBSA interview scheduled yet, ~2 months after ineligibility decision
  
  Called CBSA removals line right after the ineligibility decision to arrange voluntary departure. Told to wait for them to schedule an interview. Still no date, ~2 months later
  
  Any experience getting an interview expedited, or a deferral granted, on health grounds?

 

[Moin0205]

Timeline:

• Feb 2024 — Entered Canada on visitor visa
• Jun 2025 — Filed refugee claim
• Jul 2025 — Claim found eligible, referred to RPD; Departure Order issued at eligibility interview; passport seized by CBSA
• Apr 2026 — Procedural fairness letter sent (entry-date query); no response filed by deadline
• Jul 2026 — Claim redetermined ineligible under new one-year rule (A101(1)(b.1)) — claimed >1 year after first entry (Feb 2024 entry vs. Jun 2025 claim). File transferred to CBSA.
• Aug 2026 — IRCC background check completed (per online portal)
• Sep 2026 (today) — No CBSA interview scheduled yet, ~2 months after ineligibility decision
  
  Called CBSA removals line right after the ineligibility decision to arrange voluntary departure. Told to wait for them to schedule an interview. Still no date, ~2 months later
  
  Any experience getting an interview expedited, or a deferral granted, on health grounds?

hi are you from ADR country?

 

[appwarez]

Timeline:

• Feb 2024 — Entered Canada on visitor visa
• Jun 2025 — Filed refugee claim
• Jul 2025 — Claim found eligible, referred to RPD; Departure Order issued at eligibility interview; passport seized by CBSA
• Apr 2026 — Procedural fairness letter sent (entry-date query); no response filed by deadline
• Jul 2026 — Claim redetermined ineligible under new one-year rule (A101(1)(b.1)) — claimed >1 year after first entry (Feb 2024 entry vs. Jun 2025 claim). File transferred to CBSA.
• Aug 2026 — IRCC background check completed (per online portal)
• Sep 2026 (today) — No CBSA interview scheduled yet, ~2 months after ineligibility decision
  
  Called CBSA removals line right after the ineligibility decision to arrange voluntary departure. Told to wait for them to schedule an interview. Still no date, ~2 months later
  
  Any experience getting an interview expedited, or a deferral granted, on health grounds?

I would strongly recommend speaking with an immigration lawyer or legal-aid clinic before the CBSA interview

 

[Yathu]

hi are you from ADR country?

Not from ADR country

 

[Yathu]

I would strongly recommend speaking with an immigration lawyer or legal-aid clinic before the CBSA interview

What changes it could bring? because all I wanted a CBSA to Schedule an interview for voluntary departure. How long they normally take to schedule an interview?

 

[Moin0205]

What changes it could bring? because all I wanted a CBSA to Schedule an interview for voluntary departure. How long they normally take to schedule an interview?

If you already planned to leave then there is no point to hire a lier, wait for cbsa

 

[canuck78]

Some have had better luck showing up to the CBSA office in person. You could also contact your local MP asking for help to arrange removal asap.

 

[Odin90210]

What changes it could bring? because all I wanted a CBSA to Schedule an interview for voluntary departure. How long they normally take to schedule an interview?

You want to leave even if legal aid can help?