Options for refused applicants(加拿大移民局——加拿大家庭护理师)
If you are in Canada and have had either a refugee claim or a permanent resident application refused, there may still be options for you.
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Canada does not want to send people back to a country where they will be in danger or would face the risk of persecution. It is not guaranteed, however, that an applicant will be found eligible under any of these processes.
Find out if you can use any of these options to stay in Canada:
Canada is committed to making sure that people are not sent back to a country where they would be in danger or where they would face the risk of persecution.
If you are told to leave Canada, you will be given a notice that the removal order is being enforced. In most cases, if you are given a removal order, you can apply for a pre-removal risk assessment (PRRA). During the PRRA process, an officer will review the documents related to your case and any other evidence that you provide. If you had made a refugee claim, the evidence that will be considered will be limited to any new or different evidence that was not presented when you had your hearing at the Refugee Protection Division. In some special cases, you will be asked to attend an interview before a decision is made about whether you can stay in Canada.
If you are eligible for a PRRA, you will be sent an application form and guide.
When you receive your PRRA forms, your removal order is stopped for 15 days. The removal order will not be in effect until:
you notify Citizenship and Immigration Canada (CIC) that you do not intend to apply for a PRRA, or you abandon or withdraw your application for a PRRA
the 15-day deadline passes (if you do not send an application to CIC for a PRRA) or
you apply for a PRRA and the decision is negative.
Note: Seven days will be added to the 15-day deadline if the PRRA notice was mailed to you, and not delivered in person. This is to allow time for the notice to be sent to you.
You can submit written evidence to help explain the risk that you would face if you are removed from Canada.
In reviewing your case, the officer will consider:
the risk of persecution as defined in the Geneva Convention
the risk of torture and
the risk to your life or the risk that you may be subjected to cruel and unusual treatment or punishment.
Some people are not eligible
Some people are not eligible for a PRRA. You are not eligible if you are:
subject to extradition (extradition is a formal request that Canada return you to another country because you are a suspected or convicted criminal)
ineligible for a hearing at the Immigration and Refugee Board because you came to Canada from a safe third country (find information about the Safe Third Country Agreement in the Related Links section at the bottom of this page)
a repeat refugee protection claimant who is being removed from Canada less than six months after you previously left
already recognized as a protected person or
recognized as a Convention Refugee by a country to which you can return.
If your claim is accepted
If the PRRA officer accepts your claim, you may receive the status of “protected person.” This means you can stay in Canada and you can apply to become a permanent resident of Canada. You can find out more about becoming a permanent resident of Canada in the Quick Find section on the right-hand side of this page.
If your claim is not accepted
If the PRRA officer rejects your claim, you will receive a written notice. Your removal order comes into effect again and you may receive a reasonable period of time to ensure your departure from Canada.
What you can do if your claim is not accepted
You can apply for a review of the decision by the PRRA officer to the Federal Court of Canada. You can find more information on appeals to the Federal Court in the Related Links section at the bottom of this page.