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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 00:59, 15 October 2022
, 00:59, 15 October 2022→1. Process
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=== 1. Process === | === 1. Process === | ||
Once a claimant has received a removal order and has been given '''notification''', | Once a claimant has received a removal order and has been given '''notification''', they have 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”. | 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”. | ||
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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 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 and request a deferral of removal from the CBSA until a decision is made by the Federal Court. The deadline to apply for leave to the Federal Court is 15 days. If CBSA refuses to defer removal (which is often the case), the client may need to apply for an urgent stay of removal in Federal Court. In such cases, the claimant should contact a lawyer immediately. | 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 and request a deferral of removal from the CBSA until a decision is made by the Federal Court. The deadline to apply for leave to the Federal Court is 15 days. If CBSA refuses to defer removal (which is often the case), the client may need to apply for an urgent stay of removal in Federal Court. In such cases, the claimant should contact a lawyer immediately. | ||
=== 2. Status Conferred === | === 2. Status Conferred === | ||