Re-claim refugee/Asylum
- Thread starter BLM
- Start date
You'll need to get a TRV (or eTA) to travel to Canada and claim asylum again. This is generally more difficult to do with a past claim. However you can certainly try.
To have a chance of being successful in your claim, you'll need to show that the situation has changed (for the worse) since you previously claimed asylum.
Hey there, I don't think that a person gets to make a subsequent refugee claim, and here's my reference:
https://laws.justice.gc.ca/eng/acts/i-2.5/page-19.html
Ineligibility
- 101 (1) A claim is ineligible to be referred to the Refugee Protection Division if
- (a) refugee protection has been conferred on the claimant under this Act;
- (b) a claim for refugee protection by the claimant has been rejected by the Board;
- (c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;
I seem to recollect IRPA ending the opportunity of making multiple claims. So, while it's possible to get a TRV I would classify it as unlikely.
It looks to be adieu rather than au revoir.
People from Botswana don’t have a high rate of asylum applications or approvals in Canada. Your sister has the ability to travel if she wants to be around family. If she does go to Botswana she must notify CRA that she has left because child benefit may be cancelled depending on how long she is out of the country. If she is receiving any other form of benefit (except maternity leave EI payments) she would also notify the appropriate organization that she will be out of Canada. If you have already applied for asylum it becomes much harder to get a temporary permit to enter multiple countries. It can also make it difficult for other family members to enter Canada. There is no harm trying to get a TRV but it looks like having already applied for asylum makes you ineligible for applying again. I would clarify this with an immigration lawyer just to be 100% sure. Even if possible it would be very difficult to secure. If you want to move to Canada you should work towards qualifying for economic immigration programs.
