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I applied for refugee status and had it refused in November 2011. I did not apply to Federal Court after that, but I received a pre-removal risk assessment and I applied for PRRA in May 2012. I recently received a letter advising me that my pre-removal risk assessment was being canceled? What does this mean?
On June 28, 2012, new immigration law was passed which limited pre-removal risk assessment applications. Applicants may only apply for pre-removal risk assessment if at least 12 months have passed since their refugee claim has been refused. Although you applied before the new law passed, the law came into force on August 15, 2012, and applies retroactively to all pre-removal risk assessment cases which have not yet been decided. This means that you were not able to apply for pre-removal risk assessment as you had not met the new requirements. As it is now the end of November, you may be entitled to submit another pre-removal risk assessment once the full 12 months have passed.
If you would like our assistance, kindly contact us to set up a consultation and we would be happy to speak with you about the immigration process(es) that you might like to undertake.
Can a removal order be issued if I have a criminal record?
Yes, in some cases. Permanent Residents are people who have been allowed to live in Canada permanently, but they might not be authorized to remain in Canada if they have been involved in crime.
If the Canada Border Services Agency (CBSA) believes that a permanent resident should not be allowed to remain in Canada because of criminal involvement, then the person will be asked to appear at an admissibility hearing. The hearing is used to decide whether the person may or may not stay in Canada. The person will have an opportunity to tell their story once the government lawyer explains why the CBSA thinks the person should not be allowed to stay in the country.
If it is decided that the person should be allowed to stay in the country (is ‘admissible’), the person will be allowed to enter or remain in Canada. If the person were in detention, they would be released.
If, however, it is decided that the person should NOT be allowed to stay in Canada (is ‘inadmissible’), a removal order will be issued. This removal order can be an appeal within 30 days at the Immigration Appeal Division. If the person had been convicted of a crime with a sentence of two (2) years or more, or if they are a security threat, they cannot appeal the removal order. They may, however, ask for permission to have the decision reviewed by the Federal Court of Canada.
As you can see, the outcome of an admissibility hearing can have very serious consequences on a person’s life. If you, or someone you know, has been asked to appear at an eligibility hearing due to criminal involvement, we recommend that you speak to a lawyer to fully understand the process, your rights, and your options. Our lawyers are experienced at appearing for admissibility hearings and would be pleased to work with you on this or any other immigration matter.
Removal Order Appeal Process: Can a removal order be appealed?
If you are facing a removal order appeal process here are some of our thoughts and tips on addressing it. It all depends on the reasons why you were asked to leave Canada as well as your current status in Canada along with any previous applications you may have submitted to Citizenship and Immigration Canada.
Depending on these factors, you might be able to request that your removal order appeal is deferred temporarily. Should this request be denied, you may ask the Federal Court of Canada to have your removal date canceled temporarily (called Motion for a Stay).
If you were told to leave Canada within a few weeks and have important reasons to want to remain in Canada, for example, family or business in Canada, medical condition or fear of returning to your home country, you need to contact an immigration lawyer as soon as possible to determine the options available to you and understand the consequences of leaving Canada.
What can I do if I had a criminality refusal for entry into Canada?
As a foreign national, if you were convicted of a criminal offence inside or outside Canada, you may be inadmissible to Canada depending on four factors:
1. What was the crime you were convicted of?
2. When were you convicted?
3. When did you complete your sentence?
4. What was your sentence?
If you are considered to be inadmissible, you can be denied entry to Canada at the border, even with a simple conviction such as Drinking under the Influence (DUI).
Depending on when you were convicted and the seriousness of your offense, you may be eligible to apply for a Temporary Resident Permit (TRP).
There are two ways of obtaining a TRP, depending on your country of nationality and other factors:
1. At the border (land border or airport)– should you qualify, the TRP will be issued on the day you are travelling, usually valid for the purposes of the trip;
2. At the Canadian Embassy of your country of citizenship – the processing time takes several months and the validity period can be as long as a few years.
A TRP allows you to enter Canada on a temporary basis, often for quick trips such as family visits or business purposes.
If a certain number of years have passed since you completed the sentence and you do not wish to apply for a TRP each time you travel to Canada, you can apply for a Criminal Rehabilitation application. Once you have been rehabilitated, you will not longer be required to submit a TRP to enter Canada.
Canada’s border officers can be very strict when it comes to individuals with criminal backgrounds, even minor ones. It is important that you submit a complete TRP application with all relevant documentation as well as prepare yourself for the interview which takes place upon your TRP application at the border.
How can I stay in Canada after a removal order?
I came to Canada as a refugee claimant in 1999, and my claim was denied in 2003. I then submitted a Humanitarian and Compassionate as well as a Pre-Removal Risk Assessment application which was both denied in 2005 and 2009. I was told by immigration enforcement to leave Canada and immigration had purchased airline tickets for me. I did not show up for my removal, and I have now been underground for several years and now have a Canadian wife. Can I stay in Canada with my family and become a permanent resident of Canada?
To properly advise you, we would first need to obtain a copy of your file from immigration. Because you did not show up for your removal from Canada, there is probably a warrant for your arrest in Canada. If so, you would first need to get that warrant executed at the enforcement office. Depending on the circumstances of your case, enforcement might detain you following the arrest or release you with or without conditions. If you are in a committed and permanent relationship with your spouse, you might be allowed to become a permanent resident of Canada, but you might need to wait outside Canada during the process given your complex immigration history. If you do leave Canada for this process, you will also most likely need an Authorization to Return to Canada. It is best to consult with an immigration lawyer before taking any decisions.
For a detainee to be released from detention, the Immigration Division must be satisfied that the detainee is not a danger to Canadian society and will not be a flight risk. If you wish to assist your family member, you can present yourself as a bonds person at the detention review and present a cash bond or a performance bond. As a bonds person, you should demonstrate that you have a close relationship with the detainee, that you are completely aware of his immigration matters and that you will have a positive influence on him upon his release. A bonds person should be a Permanent Resident of Canada or a Canadian citizen and ideally, should be employed, have assets and have financial capability.
Once a person is detained, she/he is entitled first to a 48-hour detention review, then a seven-day detention review and finally, a detention review once a month. An early detention review can be requested if there is new information available.
It is best to have an immigration lawyer present at a detention review to make submissions in support of the release of the detainee.