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my refugee claim was accepted but my family rejected, what should i do now?

Aug 30, 2019
8
0
a family of 4 members. claims asylum, but only 1 was accepted as convention refugee. the other 3 claimants where rejected...

as we come from a designated country a departure order is issued from the start.

its my family in risk of being deported?

as im a protected person, when i fill the form for permanent resident i will include them in this form. will this mean that they could remain in Canada with me? or they will have to leave the country?

what happens now? i appreciate your kind answers.
Frater Greetings.'.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Will depend who is part of the fa.ily of r and what their ages are. Yes they could be deported during the sponsorship process. It is up to CBSA and your case officer.
 
Aug 30, 2019
8
0
Will depend who is part of the fa.ily of r and what their ages are. Yes they could be deported during the sponsorship process. It is up to CBSA and your case officer.
the mother with 2 kids are in danger of being deported , the father is a convention refugee... what could be the best strategy for them not to be deported? to get a H&C ?
 

Hi123fmfncjr

Star Member
Jun 28, 2019
67
17
Why are the other members rejected? Do they have different citizenships, very rare/weird... IRB doesn't separate families, their must have been some type of status/nationality for the members that caused this decision.

They can't do H&C since they were just rejected, i think they can apply after 12 months from rejection. So if they manage to stay for 12 months perhaps.
 
Aug 30, 2019
8
0
Why are the other members rejected? Do they have different citizenships, very rare/weird... IRB doesn't separate families, their must have been some type of status/nationality for the members that caused this decision.

They can't do H&C since they were just rejected, i think they can apply after 12 months from rejection. So if they manage to stay for 12 months perhaps.
we all are from the same country. what are my options now? im still under the timeframe for an appeal... can they appeal their cases apart from mine?
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
Get the application in for permanent residence and include them as your dependents. And submit the appeal forms. That should buy you time to get the AOR for permanent residence. Find out if they are eligible for a pre removal risk assessment. CBSA May defer the removal if you and they have their PR application in process. H&C can be applied for (the 12 month rule doesn’t apply because of the children) but it won’t necessarily prevent them being removed. If you appeal there is no chance for H&C as you need to withdraw the refugee claim to apply and that exposes you even more.
 
Aug 30, 2019
8
0
once i get the AOC they are safe? they are not eleigble for Pre removal risk assesment because
Get the application in for permanent residence and include them as your dependents. And submit the appeal forms. That should buy you time to get the AOR for permanent residence. Find out if they are eligible for a pre removal risk assessment. CBSA May defer the removal if you and they have their PR application in process. H&C can be applied for (the 12 month rule doesn’t apply because of the children) but it won’t necessarily prevent them being removed. If you appeal there is no chance for H&C as you need to withdraw the refugee claim to apply and that exposes you even more.
They are not elegible for Pre removal risk assessment. once they get the AOR they are safe? or they still can be removed
 

Longroadtoimmigration

Hero Member
Sep 19, 2018
236
99
App. Filed.......
September 19th 2018
Interview........
I rebuke it ijn
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I shall testify
Get the application in for permanent residence and include them as your dependents. And submit the appeal forms. That should buy you time to get the AOR for permanent residence. Find out if they are eligible for a pre removal risk assessment. CBSA May defer the removal if you and they have their PR application in process. H&C can be applied for (the 12 month rule doesn’t apply because of the children) but it won’t necessarily prevent them being removed. If you appeal there is no chance for H&C as you need to withdraw the refugee claim to apply and that exposes you even more.
Take this advice. Apply to sponsor them as dependent and also make them and appeal the rejection to buy you some time.
CBSA wont come after them if there is an appeal in place. I dont know if H:&C will stop them .
Apply to sponsor them asap!
 

Talab111

Star Member
Mar 24, 2019
61
20
a family of 4 members. claims asylum, but only 1 was accepted as convention refugee. the other 3 claimants where rejected...

as we come from a designated country a departure order is issued from the start.

its my family in risk of being deported?

as im a protected person, when i fill the form for permanent resident i will include them in this form. will this mean that they could remain in Canada with me? or they will have to leave the country?

what happens now? i appreciate your kind answers.
Frater Greetings.'.
If they all belongs to the same family, I mean father, his wife and their children they should be fine. But you need to keep in mind the children ages if they are under 21. Include them in the PR application and in the same time apply for appeal before 15 days from the letter date exceed.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
If they all belongs to the same family, I mean father, his wife and their children they should be fine. But you need to keep in mind the children ages if they are under 21. Include them in the PR application and in the same time apply for appeal before 15 days from the letter date exceed.[/QUOTE
Take this advice. Apply to sponsor them as dependent and also make them and appeal the rejection to buy you some time.
CBSA wont come after them if there is an appeal in place. I dont know if H:&C will stop them .
Apply to sponsor them asap!
All depends if he is paying his own lawyers fees. Legal aid may not have the resources or be willing to file an appeal or file H&C when the rest of the family will be included in the PR application. It is a total waste of their resources and there are currently not enough resources to go around, They should apply for PPRA.
 
Aug 30, 2019
8
0
If they all belongs to the same family, I mean father, his wife and their children they should be fine. But you need to keep in mind the children ages if they are under 21. Include them in the PR application and in the same time apply for appeal before 15 days from the letter date exceed.
once we get the AOR they are safe?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
once we get the AOR they are safe?
No once they have PR they are “safe”. Actually nobody is technically safe until you are a citizen. You are still able to get them PR through your application. This is really a conversation for your lawyer. We don’t know why your family was denied asylum but you were approved. We don’t even know where you are from.
 
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Aug 30, 2019
8
0
No once they have PR they are “safe”. Actually nobody is technically safe until you are a citizen. You are still able to get them PR through your application. This is really a conversation for your lawyer. We don’t know why your family was denied asylum but you were approved. We don’t even know where you are from.
Lawyer? i don't have any! i'm currently looking actively for one, but they are mostly oportunist people. i had a bad experience here in Canada, so before i trust somebody my future i first want to be informed myself
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Lawyer? i don't have any! i'm currently looking actively for one, but they are mostly oportunist people. i had a bad experience here in Canada, so before i trust somebody my future i first want to be informed myself
Forget &C and an appeal. Your family will be granted PR from you as long as your children are under 22. PPRA is what you should do and hope CBSA either determines they can’t be deported or they decide to let them wait until they receive PR. As everyone else will I’m sure will say we are not lawyers. If you want professional advice you’re going to have to pay for it.
 
Aug 30, 2019
8
0
Forget &C and an appeal. Your family will be granted PR from you as long as your children are under 22. PPRA is what you should do and hope CBSA either determines they can’t be deported or they decide to let them wait until they receive PR. As everyone else will I’m sure will say we are not lawyers. If you want professional advice you’re going to have to pay for it.
im not elegible for PPRA