What is a PRRA? Can I apply? What happens if Accepted/ Rejected?
PRRA is Pre Risk Removal Assessment. If you lose your refugee claim and you are still in Canada for over a year you will be eligible to apply for PRRA. In that application the Officer is looking for new information that your life is still in danger in your country.
If your PRRA is accepted, you may be given the status of “Protected Person” meaning you are allowed to stay in Canada and can then apply for Permanent Residency.
If your PRRA is rejected, you will be given a written notice. Your removal order comes in effect again and you will need to leave Canada. However, you may apply to the Federal Court for a review of the PRRA officer’s decision.
Must I have already experienced persecution?
No, as long as you have good reasons to believe you will be persecuted upon returning to your Country of Citizenship.
Do I need a lawyer for this?
While there are no rules or laws requiring a lawyer, it is in your best interests to have a lawyer who can represent your case properly.
Will my family be protected as well?
Yes, you and your family (dependents) will have one hearing. However, the decision of each member of the family will be decided separately
How long does it take to have a hearing and when will a decision be made?
You can expect to receive a hearing date in approximately 2 months. A final decision from the Refugee Board will be made either at the hearing or approximately 2 months after the hearing.
Can I still work while my refugee claim is in process?
Yes
Do I qualify for Canadian Refugee status
Are you in fear of persecution or discriminated against from your country of citizenship? Are you in fear of persecution from reasons of race, religion, nationality, or political opinion? Are you at risk of being physically harmed? Is your life in danger? If so, the answer is: Yes, you qualify
My Refugee Claim was rejected. What can I do now?
You have the right to appeal within 15 days of receiving the decision. Depending on your situation, the appeal will be either to the Refugee Appeal Division or Federal Court.
When should I apply for Refugee Protection?
If you are in fear of persecution from your Country of Citizenship or your life is in danger, you should file for refugee protection right away. Refugee claims can be made at port of entry or inland.
Port of Entry –Made at the Airport, Seaport or land border between Canada and U.S.
Inland – Made at an Office of Citizenship and Immigration Canada.
Where can I live?
When you obtain permanent residence status you can live anywhere in Canada. Under the Quebec Investor Program you are expected to reside in Quebec
How long does the Immigration Investor program take?
The selection process takes approximately one year. Business people and their families can become permanent residents in Canada in about 24-36 months.
Why Canada is the best choice for an investor who wants to immigrate to Canada?
Canada is multicultural and diversified country located in the western World and gives an easy access to the North American market. Canada doesn’t eliminate investors who are over the age of 45, does not speak English or have university education. The Quebec Immigrant Investor program does not ask the investor to move money in Canada.
Is an immigrant investor qualified if he doesn’t own a company?
He/she must have at least 2 years of management experience as an employee.
How long does it take for the Federal Court to make a decision about an immigration appeal?
Typically it takes from 3-4 months for the Federal Court to decide if leave is granted. If leave is granted, the case will be scheduled to argue in the Federal Court in approximately 4 months.
How long does it take for the Immigration Appeal Division to make a decision about an immigration appeal?
The Immigration Appeal Division (IAD) processes the decision for an appeal from 12-18 months, on average (this is an approximate time: some cases can take shorter time, some of them - longer). It does not include the time from the filing of the appeal to the moment IAD receives the record.
What are the grounds for an appeal?
You can appeal to the Federal Court if you can show:
- an error in law or fact
- a breach of the principle of natural justice
For IAD, humanitarian and compassionate grounds are considered in an appeal.
In some sponsorship appeals cases, the IAD can provide a special relief for the decision in order to pursue the best interest of a child based on humanitarian and compassionate consideration. It can be achieved if the appellant is a permanent resident and he/she meets the definition of "sponsor", while a family member, who is sponsored, meets "family member" definition under IRPA.
What types of cases can be appealed to the Federal Court of Canada?
- Citizenship Appeals
- Refugee Appeals
- Refusal of IAD
- In-land sponsorship Appeals
- Removal Order Appeals
- Refusals of Humanitarian and Compassionate applications
- Refusals of Study/Work Permits
- Refusals of Federal Skilled Worker applications
What types of cases can be appealed to the Immigration Appeal Division?
There are four types of appeals for IAD hearing:
- Overseas sponsorship appeal
- Removal order appeal
- Residency obligation appeal
- Minister's appeal of an ID decision
What are the time limits to appeal?
The following time limits apply to your appeal:
- For refugee cases our notice of appeal must be filed no later than 15 days after the day on which you received the written reason for RPD's decision.
- Your appellant's record must be filed no later than 30 days after the day on which you received written reason for RPD's decision.
- It is possible that the Minister may decide to intervene and provide documentary evidence at any time before RAD makes a final decision. In the particular case, RAD will extend waiting time for your reply for 15 more days.
Who has the right to appeal?
In most cases anyone who has received a final decision can appeal. However, there are circumstances listed under IRPA that prevents some people from appealing.
