Hello,my friend is from Nigeria,she came here in 2019 claiming asylum. She went to interview last week and receive a letter that said she is refused because she doesn't have enough proof. Her lawyer just tell her that if she appeals the case she won't win and still ask $2500 to send the appeal. What else can she do?
My friend refugee claim just got reject.
- Thread starter Tamiou
- Start date
Follow the appeal instruction in IRB website. She could appeal her case by herself.
Written submissions to explain the doubt in reasons and decision from RPD , meanwhile provide new evidence to support her case. New evidence is evidence that arose after the rejection, or that was not normally accessible, or that her could not reasonably have been expected in the circumstances to have presented at the time of rejection.
Written submissions to explain the doubt in reasons and decision from RPD , meanwhile provide new evidence to support her case. New evidence is evidence that arose after the rejection, or that was not normally accessible, or that her could not reasonably have been expected in the circumstances to have presented at the time of rejection.
- Notice of Appeal Form
The Notice of Appeal Form is required to appeal a final decision of the Refugee Protection Division.
- Checklist for the Appellant's Record Submitted to the RAD
The Checklist Form helps appellants prepare and assemble the necessary documents for the Appellant's Record. - https://irb.gc.ca/en/forms/Pages/RadSar0412.aspx
- Affidavit Form
Pursuant to rule 37(4) of the Refugee Appeal Division Rules, any evidence that the party wants the Division to consider with a written application must be given in an affidavit or statutory declaration that accompanies the application.
- Application for an Extension of Time to File or Perfect an Appeal
If you are unable to file your notice of appeal and your appellant's record on time, you have to make an application to the RAD for an Extension of Time to File or Perfect an Appeal.
It doesn’t matter where the kids live whether I’m canada or outside canada as long as they are her kids and they are under 18 years. She is qualified to apply H&C under Best interest of Child.
100% YES. As long as decision affect Children, including if they are outside of Canada. But It does not mean interest of the child outweigh all other factors in making decision.
Her biggest issue right now is that lawyer, what kind of lawyer says you'll lose but offers to appeal anyways for more money? She needs to find a better lawyer, preferably someone who specializes in refugee and asylum cases and who is competent, the lawyer will need to draft basically a big document for the appeal and argument against each point in the officer's denial letter and this lawyer doesn't sound like they will do a good job at that mainly cause they don't seem to care...
Hey, much more than being incompetent and careless, the lawyer might just be sincere! The lawyer had seen the decision and most times, they know the outcome even before they file the documents in. This does not mean your friend can not win the appeal.
I’ll advise that you tell your friend to join this group such that she can make her case for herself and get firsthand information.
Let her be prepared for JR and H&C incase the appeal comes out dismissed. But, there are still long rope and opportunities for her.
Her big issue are her grounds for asylum and proof she has. Many have arrived as economic immigrants from Nigeria but filed for asylum. The government is aware of this. No knowing anything about her case, proof of iFA, etc. it is hard to comment or to know if she is a genuine asylum seeker or is more of an economic migrant. Seeking opinions from a few different lawyers is probably the best option.