Refugee Judicial Review Steps/Process Question

[angelangel]

Hello,

I'm trying to understand the refugee process to help someone. So far I understand roughly:
Step 1 : CBSA submits Docs to IRB
Step 2: Hearing at RPD. If rejected
Step 3: Appeal to RAD. If rejected
Step 4: Appeal for Judicial review

Now I want to understand the next step and have the following questions:
1. Assume the person can apply for PRRA. If this is rejected can they appeal for Judicial review even if they have been through a judicial review in step 4?
2. If PRRA is rejected and they apply for H&C and H&C is rejected, can they apply for judicial review again if they have applied for judicial review in step 4 and after PRRA?
3. Can they apply for PRRA and H&C together?
4. I read if there is no removal order, they can stay without status and wait for H&C result.

Thanks

 

[anythinghelps]

Hello angelangel ,
I find your question very interesting and I would like to know if anybody here in this forum has gone long enough into the process as you mentioned for example the last two (PRRP and H&C )that could help us understand a little more. Or if you have already found them, could you be so kind to share! Thank you in advance

 

[D_8rane]

Hello,

I'm trying to understand the refugee process to help someone. So far I understand roughly:
Step 1 : CBSA submits Docs to IRB
Step 2: Hearing at RPD. If rejected
Step 3: Appeal to RAD. If rejected
Step 4: Appeal for Judicial review

Now I want to understand the next step and have the following questions:
1. Assume the person can apply for PRRA. If this is rejected can they appeal for Judicial review even if they have been through a judicial review in step 4?
2. If PRRA is rejected and they apply for H&C and H&C is rejected, can they apply for judicial review again if they have applied for judicial review in step 4 and after PRRA?
3. Can they apply for PRRA and H&C together?
4. I read if there is no removal order, they can stay without status and wait for H&C result.

Thanks

I am also curious about these steps. Is the federal court the same as RAD? I think the PRRA depends if you’re from a safe country and I’m not sure about the 12 month bar after the negative claim. I’ve read that you can do both at the same time: appeal and h&c. And yes I think you can stay as long as your PRRA is on hold.

 

[Bornlucky]

Hello,

I'm trying to understand the refugee process to help someone. So far I understand roughly:
Step 1 : CBSA submits Docs to IRB
Step 2: Hearing at RPD. If rejected
Step 3: Appeal to RAD. If rejected
Step 4: Appeal for Judicial review

Now I want to understand the next step and have the following questions:
1. Assume the person can apply for PRRA. If this is rejected can they appeal for Judicial review even if they have been through a judicial review in step 4?
2. If PRRA is rejected and they apply for H&C and H&C is rejected, can they apply for judicial review again if they have applied for judicial review in step 4 and after PRRA?
3. Can they apply for PRRA and H&C together?
4. I read if there is no removal order, they can stay without status and wait for H&C result.

Hi, I can help a little, I believe:

1. Yes, you can apply to JR a negative PRRA.
2. If the PRRA is rejected then you had best have submitted your H&C well before this decision - outstanding H&Cs are not grounds for the deferral of a removal, however the CBSA can defer (postpone) a removal for a pending H&C decision using their discretion (the H&C should have some age to it before they would do this, and it can depend upon the office and the officer involved). If the jig is up and you think to then apply for H&C, it is very probably too late.
3. There are specific rules around both case-types now that you can look up - it isn't that hard to find. PRRA has to be triggered by the CBSA and any H&C should be submitted whenever the earliest practical time arrives. The decisions (PRRA and H&C) may be made by a single officer if there are specific risks detailed within the H&C.
4. If there is no removal order then there will be one popping up once they realize it and can report the person, but if a person has legal status then there isn't the authority to remove. Making a claim to Convention refugee status is a ground to report the person for a removal order.

Cheerio