Difference between revisions of "Permanent Residence Application Process (18:V)"

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Permanent Residence Application Process (18:V) (view source)

Revision as of 04:14, 29 June 2016

2,254 bytes added ,  04:14, 29 June 2016
→‎b) Client is Responding to the Minister’s Appeal of the RPD’s Decision
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*i) The claimant is a designated foreign national;  
*i) The claimant is a designated foreign national;  
*ii) The claimant is from a country that was a DCO at the time of their RPD decision;  
*ii) The claimant is from a country that was a DCO at the time of their RPD decision;  
*iii) The claimant made their claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement; iv) The claimant’ s claim was referred to the RPD before the relevant provisions of the new system came into force. For a client who is responding to the Minister’ s appeal of their RPD decision to the RAD, the following should be considered: ●A claimant will know the Minister is appealing the RPD decision when the Minister gives the claimant and the RAD a document called a ‘ notice  of appeal’ . The Minister has 15 days after they have received the RPD’ s written decision to do this. ●The Minister will then give the claimant any supporting documents that they will be submitting as evidence. The Minister has 30 days after receiving the RPD’ s written reasons to do this.  ●After  this is done, the claimant will have to submit a “Notice  of Intent to Respond”  and provide the Minister and the RAD with a copy, no later than 15 days after the claimant receives the supporting document from the Minister.  For a detailed compilation of all necessary components when responding to an appeal, please refer to the Respondent’s Guide:  http://www.irb-cisr.gc.ca/Eng/RefApp/Pages/ResIntKitTro.aspxG.Pre-Removal Risk A ssessment (PRRA )
*iii) The claimant made their claim at a land border with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement;  
*iv) The claimant’s claim was referred to the RPD before the relevant provisions of the new system came into force.  
 
For a client who is responding to the Minister’s appeal of their RPD decision to the RAD, the following should be considered:
*A claimant will know the Minister is appealing the RPD decision when the Minister gives the claimant and the RAD a document called a ‘notice of appeal’. The Minister has 15 days after they have received the RPD’s written decision to do this.  
*The Minister will then give the claimant any supporting documents that they will be submitting as evidence. The Minister has 30 days after receiving the RPD’s written reasons to do this.   
*After this is done, the claimant will have to submit a “'''Notice of Intent to Respond'''” and provide the Minister and the RAD with a copy, '''no later than 15 days''' after the claimant receives the supporting document from the Minister.   
 
For a detailed compilation of all necessary components when responding to an appeal, please refer to the [http://www.irb-cisr.gc.ca/Eng/RefApp/Pages/ResIntKitTro.aspx Respondent’s Guide].
 
== G. Pre-Removal Risk Assessment (PRRA) ==
 
A PRRA is a risk assessment application before removal of a foreign national from Canada. With some exceptions and some restrictions (see ss 112(2) and  112(3) of the IRPA), every person who is being removed from Canada can  submit  a  paper  application  describing  why  they  would  suffer persecution or danger in the country of destination if returned to that country. The risk(s) are assessed under ss 96 and 97 of the IRPA.  However, very few applications succeed under the PRRA process.  LSLAP Clinicians can assist clients with making a PRRA claim.                NOTE:  Under the IRPA those claimants who have a failed or abandoned refugee claim will generally be ineligible to make a PRRA claim for 12 months from the date that their claim is refused, while DCOs will be ineligible for a PRRA for 36 months after their negative decision. 1.Process Once a claimant has received a removal order and has been given notification, he or she has 15  days  to  apply  for  a  PRRA  and  another  15  days  to  make  submissions  and  include documentary  evidence.  If  the  person  is  a  failed  Convention  refugee  claimant,  the  evidence supporting the PRRA must be new or must have not reasonably been available on the date of the hearing; in other words, only “new evidence” is considered.  Once a person has applied for a PRRA, the person cannot be removed from Canada until a decision is made regarding their case. This is called a “stay of removal”. A person who has been given notice of removal can apply for the PRRA later than the 15-day  deadline.  However,  that  person  could  be  removed  from  Canada  before  the  decision  is made (i.e. no stay of removal is issued).  A  person  who  loses  the  PRRA will  be  removed.  The  only redress  to  a  PRRA  refusal  is  to apply  for  leave  and  appeal  to  the  Federal  Court.  The  deadline  to  apply  for  leave  to  the Federal Court is 15 days. In such cases, the claimant should contact a lawyer immediately.  2.Status Conferred If the PRRA is granted, the person will receive the same protection as a Convention refugee. The  person  will  be considered  a “protected  person”  and  can  apply  for  permanent  resident status from within Canada (the application must be filed within 180 days).
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